RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03077 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he made a timely election for 
former spouse coverage under the Survivor Benefit Plan (SBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His former spouse should be reinstated as his SBP beneficiary in 
order to comply with their divorce decree. He did not know he 
needed to make an election within one year. 

 

In support of his request, the applicant provides a copy of his 
divorce decree and modification order. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant and his former spouse were married on 24 Apr 70, he 
elected spouse only SBP coverage based on a reduced level of 
retired pay prior to his 1 Jan 94 retirement. The parties 
divorced on 19 Sep 01, and the Marital Settlement Agreement was 
silent on the SBP. There is no evidence the applicant submitted 
a valid election to voluntarily change spouse to former spouse 
SBP coverage within the first year following their divorce as the 
law requires. The applicant married his current wife on 15 Jun 
02, and on 6 May 03, he requested that the Defense Finance and 
Accounting Service – Cleveland Center (DFAS-CL) add her as his 
spouse beneficiary. On 15 Jun 03, DFAS-CL updated the 
applicant’s records to reflect his current spouse’s name and date 
of birth as the eligible spouse beneficiary. On 25 May 11, a 
modification of the applicant’s Dissolution of Marriage order was 
filed, instructing him to make his former spouse the sole and 
irrevocable beneficiary of his SBP annuity. 

 

_________________________________________________________________ 

 

 

 


AIR FORCE EVALUATION: 

 

AFPC/DPSIAR indicates that since the request involves two 
potential SBP beneficiaries, no recommendation is provided. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

The SAF/MRB Legal Advisor recommends denial. The Legal Advisor 
states the applicant provides no evidence of error on behalf of 
the Air Force or DFAS. The only inference of injustice appears 
to be that the applicant was unaware of the SBP election 
requirements. The Legal Advisor concluded there were no 
extraordinary facts or equities which merit granting the 
requested relief, unless the competing spouse relinquishes her 
rights. While a court is well suited to resolve disputes between 
competing parties, the AFBCMR is not. Though this action was 
directed by the court of jurisdiction as part of the applicant’s 
divorce agreement, the current spouse was not a party to the 
case. Nothing in the case file supports taking the entitlement 
from the current spouse and granting it to the former spouse, 
without the benefit of a judicial hearing. 

 

The SAF/MRB Legal Advisor’s evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION 

 

On 3 Jan 12, SAF/MRBC forwarded to the applicant copies of the 
Air Force evaluation, SAF/MRB legal opinion, and memorandums from 
HQ USAF/JAA and SAF/GCM for review and comment within 30 days. 
(Exhibit D) 

 

In response to the SAF/MRBC memorandum, the applicant provided a 
notarized statement from his current spouse relinquishing her 
rights to the SBP. 

 

The applicant’s complete submission 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 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 an injustice. Although we find no 
evidence of an error on the part of the Air Force, after careful 
consideration of the applicant’s submission, we believe that his 
former spouse should be designated as the eligible beneficiary 
for his Survivor Benefit Plan (SBP) annuity. In this respect, we 
note the applicant’s current spouse has provided a notarized 
statement relinquishing her potential entitlement to the SBP. We 
are satisfied his current spouse is fully aware she is 
relinquishing her entitlement to the annuity. Therefore, we 
recommend that the applicant’s 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 20 September 
2001, he elected to change his Survivor Benefit Plan (SBP) spouse 
only coverage to former spouse coverage, based on a reduced level 
of retired pay, naming his former spouse as the SBP beneficiary. 

 

_______________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03077 in Executive Session on 16 Feb 12, under the 
provisions of AFI 36-2603: 

 

 

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

 

 Exhibit A. DD Form 149, dated 4 Aug 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 28 Sep 11. 

 Exhibit C. Letter, SAF/MRB Legal Advisor, dated 19 Dec 11. 

 Exhibit D. Letter, SAF/MRBC, dated 3 Jan 12, w/atchs. 

 Exhibit E. Letter, Applicant, undated, w/atch.