RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03533 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Survivor Benefit Plan (SBP) coverage be changed from former spouse coverage to spouse coverage. APPLICANT CONTENDS THAT: Per the Final Order and Decree of Divorce from his former spouse, dated 15 Aug 08, should he choose to remarry, his former spouse will give up rights to SBP after his new spouse becomes eligible for SBP. However, he has been advised by Defense Finance and Accounting Services (DFAS) that a change in law does not permit him to do so. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 14 Jan 89. On 28 Feb 09, the applicant was furnished an honorable discharge, retired effective 1 Mar 09, and was credited with 20 years, 1 months, and 17 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum and email prepared by the Air Force office of primary responsibility (OPR), which are attached at Exhibits C and E. AIR FORCE EVALUATION: DFAS recommends denial indicating there is no evidence of an error or an injustice. A review of the applicant’s military records revealed that he married his former spouse 4 Jul 94, and they were divorced 8 Aug 08, and he retired from the Air Force 1 Mar 09. According to the applicant’s divorce decree “should the Husband choose to remarry, the Wife will give up rights to SBP after the Husband’s new spouse becomes eligible for SBP.” The applicant remarried on 6 Dec 12, and requests that his current spouse become the SBP beneficiary. If a member who has elected former spouse coverage marries, subject to certain limitations, he may change the former spouse election to provide an annuity to his spouse (10 U.S.C. section 1450(f)(l)). If the former spouse coverage was elected pursuant to a court order or written agreement, then no change may be made unless the court order or written agreement is modified (10 U.S.C. 1450(f)(2)). Additionally, the former spouse must be notified of the change (10 U.S.C. 1450(f)(l)(B)). According to the laws governing SBP, the applicant would have to obtain a modification to the court order that required the former spouse election; therefore, his requested request should be denied at this time. A complete copy of the DFAS evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Nov 14, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: DFAS-JFB recommends denial of the requested relief, stating that in order to change the SBP beneficiary, the applicant must provide either: (1) a recent modification of the previous court order that terminates the former spouse’s SBP rights and permits him to change the SBP beneficiary to his current spouse; or (2) a statement, signed by the former spouse and certified by the applicant as current and in effect, that evidences the former spouse’s agreement to change the election from former spouse coverage to spouse coverage. The court orders provided by the applicant from 2008 and 2009 both indicate that if the applicant remarries, the former spouse “will give up rights to SBP.” DFAS has not been provided any evidence indicating she has done so. A complete copy of the DFAS-JFB evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Additional Air Force evaluation was forwarded to the applicant on 1 Sep 15, for review and comment within 30 days (Exhibit F). 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 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 of injustice. In this respect, we note that DFAS-JFB reviewed this application and indicated that corrective actions needed in order to change the SBP beneficiary were: 1) a current modification to the 2008 Final Order and Decree of Divorce, or 2) a statement, signed by the former spouse and certified by the applicant as current and in effect, that evidences the former spouse’s agreement to change the election from former spouse coverage to spouse coverage. Therefore, we advise the applicant to pursue the recommended corrective actions, and work with appropriate Defense Finance and Accounting System officials who are charged with processing SBP beneficiary changes and formally apply for a beneficiary change. As such, further Board action on this request is not required. 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-2014-03533 in Executive Session on 18 Nov 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03533 was considered: Exhibit A.  DD Form 149, dated 24 Aug 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, DFAS, dated 16 Oct 14. Exhibit D.  Letter, SAF/MRBR, dated 17 Nov 14. Exhibit E.  Email Advisory, DFAS-JFB, received 26 Aug 15. Exhibit F.  Letter, AFBCMR, dated, 1 Sep 15.