RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00288 XXXXXXXXXX (MEMBER) COUNSEL: NONE XXXXXXXXXX (APPLICANT) HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her former spouse’s records be corrected to show he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: In accordance with their divorce decree dated 8 August 2001, she was deemed as the irrevocable beneficiary of her former spouse’s SBP. However, he failed to execute the SBP election paperwork required as mandated by their divorce decree. In support of her request the applicant provides copies of her marriage license and divorce decree. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the Military Personnel Data System, on 1 July 1996, the applicant retired from the Regular Air Force. In a letter digitally signed on 31 July 2015, SAF/MRBC provided the applicant and the member a copy of the SAF/GCM Legal Opinion (Exhibit F). In accordance with the SAF/GCM Legal Opinion on similar cases considered by the Board, the Board has been advised that it should not consider cases involving disputed claims unless a court of competent jurisdiction has ruled on the case or pushes the Air Force Board for Correction of Military Records (AFBCMR) to make a determination in the case. As of this date, no response has been received by this office (Exhibit G). AIR FORCE EVALUATION: AFPC/DPFFF states that based on AFBCMR guidance, dated 18 March 2004, they are forwarding this request without a recommendation because it involves two potential SBP beneficiaries. The applicant and the member were married on 3 March 1972. He elected spouse only SBP coverage based on a reduced level of retired pay prior to his 1 July 1996 retirement, and the applicant concurred in his election. The parties divorced on 8 August 2001, and in the divorce decree, the member was ordered to deem the applicant as the irrevocable SBP beneficiary. There is no evidence either party submitted a valid spouse election within the first year following their divorce as the law requires. Defense Enrollment Eligibility Reporting System records show the member married his current spouse on 14 July 2007, but he did not notify the Defense Finance and Accounting Service-Cleveland (DFAS-CL) of the change in his marital status or request that spouse coverage be established in his new spouse’s behalf. Nevertheless, the new spouse became the eligible SBP beneficiary by operation of the law on the first anniversary of their marriage. DFAS-CL records continue to erroneously reflect the applicant's name and date of birth as the eligible spouse beneficiary and premiums continue to be deducted from the member's retired pay. A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She and her former spouse were married for over 29 years and she spent more than 24 years as a military spouse. She did not make a deemed election within the first year of their divorce because she assumed that her spouse made the election as directed in their divorce decree. She had no authority or influence over his compliance. Although her former spouse has remarried and in light of his blatant disregard of the court order to make her the SBP beneficiary, she implores the Board to correct her former spouse’s records to show he made a timely election naming her as the eligible SBP beneficiary. The applicant’s complete response is at Exhibit E. 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, 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 do not take issue with the applicant’s assertion that her divorce decree ordered her former spouse to continue SBP coverage for her, he failed to convert the coverage to 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 member’s current spouse gained entitlement to the benefit as an operation of law. Should the member’s current spouse provide a notarized statement relinquishing her potential entitlement to the SBP annuity, the Board may be willing to reconsider the applicant’s appeal in consideration of the new evidence. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2015-00288 in Executive Session on 18 November 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 January 2015, w/atchs. Exhibit B. Member’s Military Personnel Records. Exhibit C. Letter, AFPC/DPFFF, dated 24 April 2015 Exhibit D. Letter, SAF/MRBR, dated 2 July 2015. Exhibit E. Letter, Applicant, dated 14 July 2015. Exhibit F. Letter, SAF/GCM, dated 18 Oct 2006. Exhibit G. Letters, SAF/MRBC, digitally signed 31 July 2015, w/atchs.