RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02854 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be named the former spouse beneficiary on her deceased former-spouse Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: She was told by her decedent former-spouse during their divorce that she would remain as the SBP beneficiary. In support of her appeal, the applicant submits a copy of her marriage certificate, an uncertified copy of her former spouse’s death certificate, a copy of the “Divorce Judgment” decree, and a signed SBP Marital Status Affidavit letter. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s former spouse served in the Regular Air Force in the grade of Staff Sergeant (E-5). The documents provided by the applicant and records pulled by AFPC/DPFFF from the Defense Eligibility Reporting System (DEERS) show that: a. On 1 Jan 90, the applicant and the former member were married. b. Effective 25 Feb 94, the former member elected spouse and child SBP coverage based on full retired pay prior to being placed on the Permanent Disability Retired List (PDRL). c. On 3 Apr 08, the applicant and the former member were divorced. There is no evidence that a valid election to voluntarily change spouse to former spouse SBP coverage was submitted within the first year following their divorce as the law requires. d. On 26 Feb 10, the former member was married to his second spouse and on 5 May 11 they were divorced. There is no evidence the former member requested DFAS-CL to establish SBP coverage on her behalf. e. On Jul 13, the former member’s youngest child lost eligibility due to her age. f. On 19 Oct 13, the former member married his third spouse; however, she is not eligible to receive an SBP annuity because the former member passed away five months before the anniversary of their marriage. g. DFAS-CL records continue to erroneously reflect the applicant's name and date of birth (4 Jul 70) as the eligible spouse beneficiary and premiums were deducted from the former member's retired pay until his death. h. On 25 Apr 14, the applicant’s former-spouse passed away. i. On 14 Aug 14, the applicant signed a SBP Marital Status Affidavit letter, indicating that she is the beneficiary of her former spouse’s SBP. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit B. AIR FORCE EVALUATION: AFPC/DPFFF recommends approval. Title 10 does not provide a waiver for the one-year, post-retirement marriage requirement, unless the widow is the parent or issue of a child born before the first anniversary of that marriage. Similarly DEERS does not reflect a child born of his second marriage; therefore, this criterion was not met, and there is no competing claimant. Although the former member failed to submit an election to establish former spouse coverage, he did not request the applicant's coverage be terminated. There is no evidence of Air Force error in this case and absent a competing claimant, DPFFF recommends the former member’s record be corrected to reflect on 4 Apr 08, he elected to change SBP spouse and child coverage to former spouse based on full retired pay, naming the applicant as the former spouse beneficiary. Approval should be contingent upon recovery of any applicable premiums. The complete copy of the DPFFF evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Oct 14 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 timely filed. 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 and recognize the recommendation of AFPC/DPFFF in judging the merits of the case; however, the applicant has not demonstrated that extraordinary circumstances exist that are required for this Board to grant relief in cases of competing SBP beneficiaries. In this regard neither the applicant nor her former spouse applied for former spouse coverage within one year of their divorce as required by law. Additionally, in this case, the records indicate that there is a potential competing interest for SBP benefits as her former spouse remarried. Moreover, the former spouse is now deceased and as such the refunded premiums could be provided to the heirs of his estate. The AFBCMR has consistently refused to grant similar applications where there are other claimants with a legal entitlement to this benefit, unless those claimants relinquish their right to this entitlement in a notarized statement. Therefore, absent the consent of the former member's spouse and potential heirs of his estate, we do not find there are extraordinary circumstances here that would cause us to render a determination that would serve to extinguish the legal rights of another party in contravention of our long-standing practice in similar cases. Given such an action would deprive the other competing claimants of a legal entitlement, granting the application is not appropriate in these circumstances. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the 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-2014-02854 in Executive Session on 06 May 2015 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02854 was considered: Exhibit A.  DD Form 149, dated 02 Jul 14, w/atchs. Exhibit B.  Memorandum, AFPC/DPFFF, dated 10 Oct 14. Exhibit C.  Letter, SAF/MRBR, dated 17 Oct 14.