RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04512 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

Her deceased husband’s records be corrected to reflect that he 
elected former-spouse coverage under the Survivor Benefit Plan 
(SBP), naming her- as the beneficiary. 

 

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APPLICANT CONTENDS THAT: 

 

She was married to the deceased former member for 35 years and 
during the entire time that he served in the Air Force. Their 
divorce decree awarded her $500.00 per month from her husband’s 
pension, and he was ordered to make arrangements to allow her to 
continue this entitlement until her death. The error was unjust 
since the Air Force did not inform her of his decision not to 
elect coverage under the SBP. 

 

In support of the appeal, the applicant provides copies of a 
letter from the Defense Finance and Accounting Service (DFAS), 
herDivorce Decree, and the former member’s death certificate. 

 

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

 

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STATEMENT OF FACTS: 

 

The deceased former member and the applicant were married on 
1 Nov 52; however, the deceased former member declined SBP 
coverage prior to his 1 Jan 74 retirement. The parties divorced 
on 6 May 88, and the court order did not refer to the SBP. 
Defense Enrollment Eligibility Reporting System (DEERS) records 
show the deceased former member married XXXXXXXX on 29 Jan 90 and 
they divorced on 6 Jan 98. DEERS also reflects the member 
married XXXXXX on 9 May 98. There is no evidence he made an 
election during any of the three SBP open enrollment periods 
conducted prior to his 5 Nov 10 death, and SBP premiums were 
never deducted from his retired pay. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial. DPSIAR states there is no 
evidence of an Air Force error or injustice in this case. The 
law at the time of the deceased former member’s retirement did 
not require the spouse to concur in the election. Financial 
support or division of retired pay is not considered and should 
not be interpreted as pertaining to the SBP. SBP is similar to 
commercial life insurance in that an individual must elect to 
participate and pay the associated premiums in order to have 
coverage. After the divorce, the deceased former member could 
have elected former spouse SBP coverage on the applicant’s behalf 
during the 92-93, 99-00, and 05-06 open enrollment periods, but 
he failed to do so. 

 

The complete AFPC/DPSIAR evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 4 Feb 11, for review and comment within 30 days. As of this 
date, no response has been received by this office. 

 

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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 
(OPR) and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice. In 
view of the above and in the absence of evidence to the contrary, 
we find no basis to recommend granting the relief sought in this 
application. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2010-04512 in Executive Session on 4 Aug 11, under the 
provisions of AFI 36-2603: 
 
 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 29 Nov 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 14 Jan 11. 

 Exhibit C. Letter, SAF/MRB, dated 4 Feb 11.