RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00688 

 

 (DECEASED) COUNSEL: NONE 

 (APPLICANT) 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her former spouse’s records be corrected to reflect he made a 
timely election for former spouse coverage under the Survivor 
Benefit Plan (SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She is a senior citizen and relies on the monies from the 
payments of her former spouse’s retired pay. She believes her 
payment should be continued. 

 

In support of her request, she provides copies documents 
associated with her request. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The service member married the applicant on 27 May 66. The 
service member elected spouse and child coverage under the SBP 
based on full retired pay prior to his 1 Dec 83 retirement. They 
were divorced on 20 Dec 84 and the divorce decree was silent on 
the SBP. A Stipulation Order dated 4 Jun 91 reflects the 
servicemember elected to provide former spouse SBP coverage for 
the applicant. The service member remarried on 28 Jun 96. He 
died on 15 Dec 10. 

 

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits B and C. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

AFPC/DPSIAR did not provide a recommendation because the request 
involves two potential beneficiaries. However, they note a 
person’s eligibility to receive spouse annuity payments under SBP 
terminates upon divorce. There is no evidence the service member 
or the applicant submitted a valid election for former spouse 
coverage under the insurable interest option or under the 
implementation of Public Law 99-145 which authorized divorced 
participants to elect coverage for former spouses. 

 

The complete AFPC/DPSIAR evaluation is at Exhibit C. 

 

SAF/MRB Legal Advisor recommends denial of the applicant’s 
request. The Legal Advisor notes the applicant cannot be the SBP 
beneficiary because there was not a proper election submitted 
within one year following the divorce as required by law. 

 

The complete SAF/MRB Legal Advisor evaluation, with attachments, 
is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to applicant 
and the former service member’s widow on 23 Jun 11 for review and 
comment within 30 days (Exhibit D). 

 

In response to the Air Force evaluations, the service member’s 
widow has submitted an application for the SBP annuity 
(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 the applicant has not demonstrated that 
extraordinary circumstances exist that are required for this 
Board to grant relief in cases of competing SBP beneficiaries. 
While we are sympathetic to the applicant’s situation, the now 
deceased service member failed to elect former spouse coverage 


within one year of their divorce as required by law. 
Regrettably, the applicant also failed to execute a deemed 
election for coverage within the one year timeframe. 
Consequently, the deceased service member’s widow gained 
entitlement to the benefit as his current spouse due to operation 
of law; and, she has submitted an application for benefits. 
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 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. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00688 in Executive Session on 27 Oct 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 17 Feb 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 25 Mar 11. 

 Exhibit C. Letter, SAF/MRB Legal Advisor, dated 21 Jun 11. 

 Exhibit D. Letters, SAF/MRBC, dated 23 Jun 11, w/atchs. 

 Exhibit E. Letter, Competing Beneficiary, dated 7 Jul 11 

 

 

 

 

 

 Panel Chair