RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: DOCKET NUMBER:  BC-2010-02569 
  INDEX CODE: 137.00 
                                 COUNSEL: NONE 
 
 
 

  HEARING DESIRED:  NO 
 
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APPLICANT REQUESTS THAT: 
 
Her deceased former husband's records be corrected to reflect the
 deceased member elected coverage on her behalf.  
 
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APPLICANT CONTENDS THAT: 
 
The deceased member signed and mailed the original application for 
spousal annuity and it is confirmed in the divorce document. After 
the divorce, he changed the election without her knowledge.  
In support of the request, the applicant submits copies of her 
passport, Birth Certificate, military identification card, Certificate
 of Death, Marriage License, Divorce Decree, and a letter to her 
congressional representative. 
 
The applicant's complete submission, with attachments, is attached 
at Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The deceased member and applicant were married on 7 November 1956 
and he elected child only coverage (with Option 4) under the Retired 
Serviceman’s Family Protection Plan (RSFPP) prior to his retirement 
on 1 April 1972.  The deceased member elected spouse and child SBP
 coverage based on full-retired pay during the initial enrollment
 period.  The parties divorced on 18 October 1972, and although 
unenforceable, the divorce ordered the deceased member to maintain
 SBP life insurance on the applicant’s behalf.  Spouse SBP 
premiums continued until the passage of PL 94-496 on 14 October 
1976, which allow members to suspend spouse premiums if the marriage
 ends in death or divorce.  There is no evidence an election to
 extend SBP coverage to the applicant was made during the open 
enrollment opportunities provided by enactment of PLs 98-94 or 
99-145. The youngest child lost eligibility under the SBP in July 1988
 and the RSFPP in March 1989.  The deceased member died on 20 June 1996.  
 
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AIR FORCE EVALUATION: 
 
AFPC/DPSIAR recommends denial.  DPSIAR states the law in effect at the
 time of the applicant’s divorce did not allow retired members to provide
 SBP coverage even if they wished to voluntarily continue their former
 spouse’ eligibility; therefore, the fact the divorce decree mentioned
 the SBP does not provide standing to establish SBP coverage on the 
applicant’s behalf.  However, the deceased member could have elected
 to change spouse to former spouse coverage under the options in 
1985-1986, but he did not.  Furthermore, the applicant has failed
 to provide a reason for her 14-year delay in requesting corrective
 action, subjecting her claim to the six-year statute of limitations.  
 
The complete AFPC/DPSIAR evaluation is at Exhibit C. 
 
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APPLICANT’S REVIEW OF AIR FORCE EVALUATION: 
 
The applicant states she waited all these years to submit a request
 to the Board because she never knew this avenue was available.  She 
contacted many people over the years and was told there was nothing
 she could do about her situation.  She contacted the Air Force, 
the Defense Finance and Accounting Service (DFAS), attorneys, and 
even the former Governor of Arizona; however, no one told her she 
could file an application to the Board for Correction of Military 
Records.  She requests the six-year statute of limitation be waived
 because she had no idea she could file.   
 
The applicant's complete response is at Exhibit E. 
 
_________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The applicant has exhausted all remedies provided by existing
 law or regulations. 
 
2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 
 
3.  Insufficient relevant evidence has been presented to demonstrate 
the existence of an error or injustice.  We took notice of the 
applicant's complete submission in judging the merits of the case;
 however, we agree with the opinion and recommendation of the Air 
Force office of primary responsibility and adopt its rationale as 
the basis for our conclusion the applicant has not been the victim
 of an error or injustice.  
 
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting his request. 
 
_________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the submission
 of newly discovered relevant evidence not considered with this 
application. 
 
_________________________________________________________________ 
 
The following members of the Board considered AFBCMR Docket Number 
BC-2010-02569 in Executive Session on 17 November 2010, under the 
provisions of AFI 36-2603: 
 

The following documentary evidence was considered:  
 
    Exhibit A.  DD Form 149, dated 6 Jun 10, w/atchs.  
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSIAR, dated 2 Sep 10. 
    Exhibit D.  Letter, SAF/MRBR, dated 1 Oct 10. 
    Exhibit E.  Applicant's Response, dated 26 Oct 10