RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-01517 

 

 (DECEASED) COUNSEL: NONE 

 

 (APPLICANT) HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

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 not married and is entitled to her former spouse’s 
benefits, but believes she will not be able to receive them due 
to an error in the spelling of her first name in his records. 

 

In support of her request, the applicant provides a copy of her 
driver’s license, her former spouse’s death certificate and 
retirement order, their marriage license, and an excerpt of the 
Divorce Decree. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force, which is attached at Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR notes the applicant was married and elected spouse 
only SBP coverage prior to his 1 Mar 73 retirement. The Air 
Force Accounting and Finance Center (AFAFC) records reflect the 
service member and the applicant were divorced on 24 Feb 92. He 
remarried on 9 May 92 and SBP coverage was reinstated on his 
wife’s behalf on the first anniversary of their marriage. The 
service member’s SBP premiums were paid up on 1 Oct 08. He died 
on 9 Apr 09 and his widow is receiving the monthly SBP annuity. 
Based on the guidance from the AFBCMR, AFPC/DPSIAR provides no 


recommendation as this request involves two potential 
beneficiaries. 

 

The complete AFPC/DPSIAR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
7 Aug 12 for review and comment within 30 days (Exhibit C). As 
of this date, no response has been received by this office. 

 

_________________________________________________________________ 

 

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. The applicant has not provided any evidence 
to reflect she was awarded former spouse coverage by the court. 
She has not provided any evidence showing the former service 
member made an election for former spouse coverage within one 
year of their divorce as required by law. Nor, has she provided 
evidence to show she requested a deemed election for former 
spouse coverage within the one year timeframe. Consequently, the 
former service member’s current spouse gained entitlement to the 
benefit as an operation of law and is currently receiving the 
annuity. The applicant has not provided any evidence that 
extraordinary circumstances existed that would override the 
failure of her and the former spouse to effect the former spouse 
coverage and, based on the legal guidance the Board has been 
given, we can only grant the relief sought if the former service 
member’s spouse provides notarized consent relinquishing the 
benefit. 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 a 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-2012-01517 in Executive Session on 12 Feb 13, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Apr 12, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 26 Jul 12. 

 Exhibit C. Letter, SAF/MRBR, dated 7 Aug 12. 

 

 

 

 

 

 Panel Chair