RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: 

 

 DOCKET NUMBER: BC-2011-02485 
(DECEASED) COUNSEL: NONE 

 HEARING DESIRED: NO 

 (APPLICANT) 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be entitled to receive her husband’s Survivor Benefit Plan 
(SBP) annuity. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her divorce decree lists her as the former spouse to receive SBP 
benefits. 

 

In support of her request, the applicant provides a copy of her 
former spouse’s DD Form 214, Certificate of Release or Discharge 
from Active Duty, a copy of the former member’s death 
certificate, a copy of a letter from the Defense Finance and 
Accounting Service (DFAS), and a copy of her marriage 
certificate. 

 

Her complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The decedent retired from the Air Force on 27 May 03 in the grade 
of senior master sergeant (E-8), having assumed that grade 
effective and with a date of rank of 1 Nov 93. 

 

Additional relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force. Accordingly, there is no need to recite these facts 
in this Record of Proceedings. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR states absent a competing claimant, they recommend 
approval. DPSIAR states the applicant and the former member were 
married on 28 Mar 83 and he elected spouse and child SBP coverage 


based on full retired pay prior to being placed on the Permanent 
Disability Retired List (PDRL) effective 28 May 03. The parties’ 
divorce was finalized on 10 May 07, and the divorce decree 
ordered the applicant to be designated as the former spouse SBP 
beneficiary. There is no evidence either party submitted a valid 
election to change spouse to former spouse coverage within the 
first year following their divorce as the law requires. The 
youngest child lost eligibility effective 1 Jul 07 due to age. 
DFAS records continued to reflect the applicant’s name and date 
of birth as the eligible spouse beneficiary and premiums 
continued to be deducted from the former member’s retired pay 
until his death on 23 May 11. There is no evidence the former 
member remarried, and accordingly, there is no competing 
claimant. 

 

Despite the former member’s failure to submit a valid former 
spouse election change, he did not request coverage for the 
applicant to be terminated following their divorce, indicative of 
his intent for her to remain eligible for his SBP. To deny the 
applicant’s request would deny an asset awarded her by the court. 

 

The DPSIAR complete 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 19 Aug 11 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

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

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. In this 
respect, although neither the former member nor the applicant 
filed a valid election for SBP within the required time, it is 
clear the former member’s intent was for his former spouse to be 
the SBP beneficiary. Therefore, since there is no competing 
spouse, we agree with the Air Force office of primary 
responsibility and recommend that the records be corrected as 
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 11 May 2007, 
he elected to change spouse and child to former-spouse coverage 
under the Survivor Benefit Plan (SBP) based on full retired pay, 
naming XXXX XXXX as the former-spouse beneficiary. 

 

______________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02485 in Executive Session on 1 Nov 11, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Jun 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 11 Aug 11. 

 Exhibit C. Letter, SAF/MRBR, dated 19 Aug 11. 

 

 

 

 

 

 Panel Chair