RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2008-03864 

 INDEX CODE: 137.01 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

______________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her ex-husband’s records be corrected to show he elected 
spouse-only coverage under the Survivor Benefit Plan (SBP). 

 

______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was unaware the necessary paperwork had not been 
completed. 

 

In support of her request, the applicant provided a copy of 
her marriage license, divorce decree, her ex-husband’s death 
certificate, Defense, Finance and Accounting Service (DFAS) 
Retiree Leave and Earnings Statement, and a copy of the 
decedent’s DD Form 214, Certificate of Release or Discharge 
from Active Duty. 

 

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

 

______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The decedent was retired on 1 Nov 86. He and the applicant 
were married on 4 Jan 69 and he elected spouse and child 
coverage based on full retired pay prior to his 1 Nov 86 
retirement. The parties divorce was finalized on 27 Sep 94 
and the divorce decree ordered the decedent to maintain SBP 
coverage on the applicant’s behalf. 

 

Other relevant facts are outlined in the AFPC/DPSIAR 
evaluation at Exhibit B. 

 

______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends approval contingent upon recovery of 
any applicable premiums. 

 



DPSIAR states neither the member nor the applicant submitted 
a valid election change during the required time limit. 
Neither party remarried, the decedent’s retired pay records 
erroneously reflected the applicant’s name and date of birth 
as the eligible beneficiary, and SBP premiums were deducted 
from his retired pay until his 1 Sep 08 death. The youngest 
child lost eligibility in Jul. 

 

DPSIAR states there is no evidence the member requested the 
applicant’s coverage be terminated and his willingness to 
accept a reduction in his retired pay for over 13 years after 
their divorce shows he intended to maintain SBP coverage on 
her behalf. To deny the applicant’s request would deny her 
an asset awarded to her by the court. 

 

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 the 
applicant on 12 Dec 08 (Exhibit C). As of this date, this 
office has not received a response. 

 

______________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. After 
thoroughly reviewing the circumstances of this case, we concur 
with the recommendation of the office of primary 
responsibility and recommend that the decedent’s records be 
corrected to the extent indicated below. 

 

______________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 
28 September 1994, he elected to change his Survivor Benefit 
Plan (SBP) election from “spouse and child” coverage to 
“former spouse coverage” based on full retired pay, naming 
XXXXXXXXXX as the eligible beneficiary. 

 

_______________________________________________________________ 

 



The following members of the Board considered Docket Number 
BC-2008-03864 in Executive Session on 5 February 2009, under 
the provisions of AFI 36-2603: 

 


 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered Docket Number 
BC-2008-03864: 

 

 Exhibit A. DD Form 149, dated 21 Oct 08, w/atchs. 

 Exhibit B. Memorandum, AFPC/DPSIAR, dated 5 Nov 08. 

 Exhibit C. Letter, SAF/MRBR, dated 12 Dec 08. 

 


 Vice Chair