RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-01575 COUNSEL:	NONE
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 was not informed that she had to fill out an entitlement form for SBP payments within the one year time frame. Per their divorce decree, she is designated as the SBP beneficiary.

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

STATEMENT OF FACTS:
On 11 Jan 86, according to a Marriage Settlement Agreement, incorporated in the divorce decree issued in the state of California, submitted by the applicant, she and the decedent were married and the parties divorced on 17 Oct 02. Furthermore, the decedent agreed to designate the applicant as the SBP beneficiary.

On 26 Dec 14, according to a Certificate of Death issued by Sacramento County, California, submitted by the applicant, her former spouse died.

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 C.

AIR FORCE EVALUATION:
AFPC/DPFFF indicates that based upon AFBCMR guidance, dated
18 Mar 04, they are forwarding this request without a recommendation because it involves two potential SBP beneficiaries.  In this case, the decedent elected spouse only

SBP coverage based on a reduced level retired pay prior to his
1 Oct 90 retirement. There is no evidence either  party submitted a valid former spouse election during the required first year following their divorce. Defense Enrollment Eligibility Reporting System (DEERS) records show the decedent remarried on 3 Jul 04, but he did not notify the finance center of the change in his marital status or request that spouse coverage be established on his new wife’s behalf. Defense Finance and Accounting Service - Cleveland records continue to erroneously reflect the applicant’s date of birth (20 May 49) as the eligible spouse beneficiary; however, the decedent’s widow became the eligible SBP beneficiary by operation of the law on the first anniversary of their marriage. SBP spouse premiums were deducted from the member’s retired pay until his 26 Dec 14 death. The decedent’s widow is currently receiving a monthly SBP annuity.

A complete copy of the AFPC/DPFFF 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 31 Jul 15 for review and comment within 30 days (Exhibit D). 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, the applicant’s only recourse is to return to a court of law to have the issue decided. The applicant has not demonstrated that extraordinary circumstances exist as required for this Board to grant relief in cases of competing SBP beneficiaries. While we note the applicant contends that the divorce decree awarded her continued coverage under SBP, neither she nor the former member made a deemed election within one year as required by law. Since it appears the former service member’s current spouse gained entitlement to the benefit by operation of law, and there has been no showing of extraordinary circumstances, we are precluded from granting the applicant the SBP benefit. Absent the current spouse relinquishing her entitlement, we find no basis to grant the applicant’s request.

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-2015-01575 in Executive Session on 18 Nov 15, under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01575 was considered:

Exhibit A.	DD Form 149, dated 7 Apr 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPFFF, dated 19 Jun 15. Exhibit D.	Letter, SAF/MRBR, dated 31 Jul 15.