RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04506 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

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

 

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APPLICANT CONTENDS THAT: 

 

In Feb 11, he became aware his SBP benefits would go to his 
current wife and not his ex-wife. There was no change made in 
the system because he was unaware he had to make a change when he 
divorced his first wife. His former spouse should be listed as 
his beneficiary of his SBP. 

 

He provided certified copies of the appropriate paperwork and a 
DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement 
for Former Spouse Coverage. 

 

In support of his request, the applicant provides a copy of his 
divorce decree, marriage certificate, and a DD Form 2656-1. 

 

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

 

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STATEMENT OF FACTS: 

 

Defense Enrollment Eligibility Reporting System (DEERS) records 
show the applicant and his former spouse were married on 8 Feb 
71, and he elected spouse only SBP coverage based on a reduced 
level of retired pay prior to his 1 Jan 89 retirement. There is 
no evidence the applicant submitted an election to change spouse 
coverage to former spouse coverage within the first year 
following their divorce. However, the member did not request 
that his former spouse be removed as his SBP spouse beneficiary 
and monthly premiums continue to be deducted from his retired 
pay. The member’s SBP information maintained in the retired pay 
system continues to reflect his former spouse’s name and date of 
birth as the eligible spouse beneficiary. The applicant and his 
current spouse married on 22 Jul 97. By operation of law, his 
current spouse became the eligible spouse beneficiary on the 
first anniversary of their marriage. DPSIAR cannot confirm if 
his former spouse has remarried. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIAR states it has forwarded this request without a 
recommendation because it involves two potential SBP 
beneficiaries. 

 

The complete DPSIAR evaluation is at Exhibit B. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 22 Dec 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (Exhibit C). 

 

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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. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice warranting 
corrective action by this Board. After thoroughly reviewing the 
evidence of record and noting the applicant’s contentions, we are 
not persuaded that the applicant has sustained his burden of 
establishing the existence of either an error or injustice in the 
record. Neither the applicant nor his former spouse submitted a 
valid election within the one-year period required by law to 
establish former spouse coverage. We note, that because neither 
party submitted a valid election within the one-year time period, 
by operation of law his current spouse became the legal 
beneficiary of his SBP. Moreover, only in the most unique of 
circumstances would the Board make a ruling in a case that 
involves two claimants to a benefit that only one of them can 
receive. In this regard, if the applicant’s current spouse 
submits a notarized statement relinquishing her entitlement to 
the SBP, we would be willing to reconsider the applicant’s appeal 
in consideration of this evidence. In addition, we would also 
need a sworn affidavit from the applicant’s former spouse stating 
that she has not remarried. In view of the foregoing, and in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

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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. 

 

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The following members of the Board considered Docket Number 
BC-2011-04506 in Executive Session on 12 Feb 13, under the 
provisions of AFI 36-2603: 



 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 30 Sep 11, w/atchs. 

 Exhibit B. Letter, AFPC/DPSIAR, dated 15 Dec 11. 

 Exhibit C. Letter, SAF/MRBR, dated 22 Dec 11.