RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03175 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be entitled to receive her ex-husband’s Survivor Benefit Plan 
(SBP) annuity. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She did not know her ex-husband’s records were not updated to 
reflect her as the “former spouse” SBP beneficiary. She believes 
if she had been told the correct information in the beginning she 
would not be in this situation now. She needs to know if she can 
count on the SBP annuity as income which may allow her to stay in 
her house or, if not, she may have to move to a rental property. 

 

In support of her request, the applicant provides a copy of her 
marriage certificate, a copy of her identification card, a copy 
of DD Form 2293 (Application for Former Spouse Payments from 
Retired Pay, and a copy of her settlement package. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Additional relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained in 
the letters prepared by the appropriate offices of the Air Force. 
Accordingly, there is no need to recite these facts in this 
Record of Proceedings. 

 

_________________________________________________________________ 

 

 

 

 

 

AIR FORCE EVALUATION: 

 


AFPC/DPSIAR does not provide a recommendation because it involves 
two potential SBP beneficiaries. 

 

The DPSIAR complete evaluation is at Exhibit B. 

 

The SAF/MRB Legal Advisor recommends denial. The Legal Advisor 
states that there is no evidence either party requested SBP 
coverage within one year of the divorce as required by law. If 
there were not a competing eligible beneficiary, the Legal 
Advisor would recommend correcting the record, but there is. The 
Legal Advisor would also recommend correcting the record if the 
current spouse gives her notarized consent. Absent that consent, 
there is no extraordinary circumstance that supports not 
enforcing the deemed election requirement given the fact that 
correcting the record in the manner requested will deprive the 
member’s current spouse benefits to which she is legally 
entitled. 

 

The SAF/MRB complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The former member states he agrees with the SAF/MRB Legal 
Advisory opinion; however, he points out he was not married to 
his former spouse at the time he married his current spouse. 

 

The applicant’s complete submission 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 accept the determination of the 
SAF/MRB Legal Advisor and adopt his rationale as the basis for 
our conclusion that the applicant has not demonstrated that 
extraordinary circumstances exist that are required for this 
Board to grant relief in cases of competing SBP beneficiaries. 
Therefore, based on the legal guidance the Board has been given, 
we can only grant the relief sought if the former member’s spouse 
provides notarized consent relinquishing the benefit. Otherwise, 
the applicant’s only recourse is to return to a court of law to 


have the issue decided. Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the 
requested relief. 

 

_________________________________________________________________ 

 

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-2010-03175 in Executive Session on 23 Feb 11, under the 
provisions of AFI 36-2603: 


The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 25 Aug 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 8 Oct 10. 

 Exhibit C. Letter, SAF/MRB Legal Advisor, dated 23 Nov 10. 

 Exhibit D. Letter, AFBCMR, dated 30 Nov 10. 

 Exhibit E. Letter, Former Member, dated 3 Dec 10, w/atchs.