RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04761 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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THE APPLICANT REQUESTS THAT: 

 

His Survivor Benefit Plan (SBP) election be changed to former 
spouse. 

 

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THE APPLICANT CONTENDS THAT: 

 

Somehow his election was changed and he does not know how it 
happened. However, his election should be changed because his 
former spouse is required to receive SBP based on the divorce 
decree. 

 

In support of his appeal, the applicant provides a copy of his 
divorce decree. 

 

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

 

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STATEMENT OF FACTS: 

 

The applicant and his former spouse married on 31 Dec 82; 
however, he elected child only SBP coverage based on full 
retired pay prior to his 1 Oct 86 retirement and she concurred 
in his election. The parties divorced on 28 Apr 94. On 
18 Aug 95, the court in its further judgment on reserved issues 
after bifurcation stated that in the event the applicant is 
eligible to participate in the SBP, he shall elect to make his 
former spouse the beneficiary of his SBP annuity within one year 
after the date of the subsequent order. Unfortunately, the 
language of the Aug 95 order is unenforceable. The youngest 
child lost eligibility due to age in Jun 01. 

 

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THE AIR FORCE EVALUATION: 

 


AFPC/DPSIAR recommends denial, stating, in part, there is no 
evidence of Air Force error or injustice in this case, or any 
basis in law to grant relief. 

 

The applicant had an opportunity prior to his retirement to 
elect survivor protection for his former spouse, but he did not. 
After his divorce, the applicant could have elected former 
spouse SBP coverage on her behalf during the 99-00 and 05-06 
open enrollment periods, but he failed to do so. 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. Since spouse SBP coverage was not established at the 
time of the member's retirement, former spouse coverage is not 
authorized. 

 

The complete AFPC/DPSIAR evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 25 Feb 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

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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 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 that 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 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-2010-04761 in Executive Session on 2 August 2011, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Dec 10, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 2 Feb 11. 

 Exhibit C. Letter, SAF/MRBR, dated 25 Feb 11.