RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04237 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her late, former spouse’s record be changed to include their marriage, divorce and a deemed election for survivor benefits. APPLICANT CONTENDS THAT: They submitted the deemed election a month after their divorce, but she has been told that the deemed election is not on file. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to documents extracted from the Automated Records Management System (ARMS), on 1 April 2006, the former military member was assigned to the HQ ARPC Retired Reserve section and placed on the Retired Reserve List, in the grade of Lieutenant Colonel, awaiting retirement pay at age 60 (1 January 2020). Reserve Order EL-4001, dated 18 July 2013, lists the date of the member’s death as 17 May 2013, and names his current spouse as the RCSBP beneficiary. AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states that the applicant claims she deemed her former spouse election with a signed letter, but there is no confirmation with a postmarked date that the Defense Finance and Accounting Service-Cleveland (DFAS-CL) received this letter, within the required time of one year. Nonetheless, the applicant's purported letter does not meet the prescribed requirements to deem a former spouse election. The applicant did not deem a former spouse election by completing a DD Form 2656-10, Survivor Benefit Plan (SBP)/Reserve Component (RC)SBP Request For Deemed Election, as required in accordance with (IAW) DoD Financial Management Regulation (FMR) Volume 7B, Chapter 54, paragraph 540501B (2), which states, “in order for a former spouse to deem an election, the former spouse within one year of the date of the court order involved must complete and send a DD Form 2656-10, and a copy of the court order, regular on its face, which requires the former spouse SBP election, or which incorporates, ratifies, or approves the voluntary, written agreement of such person or a statement from the clerk of the court (or other appropriate official) that such agreement has been filed with the court in accordance with applicable state law. A deemed election will fail unless both the DD Form 2656-10, and a copy of the court order or written agreement are received in accordance with the applicable instructions in the form.” The complete ARPC/DPTT evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 January 2014, for review and comment within 30 days (Exhibit D). To date, a response has not 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 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 error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we do not find the evidence sufficiently persuasive to override the rationale expressed by the Air Force office of primary responsibility. Therefore, we agree with its opinion and recommendation and adopt its rationale as the basis for our decision that the applicant has failed to sustain her burden that she has suffered either an error or injustice. We note the applicant’s claim that she deemed her former spouse Reserve Component Survivor Benefit Plan (RCSBP) election with a signed letter; however, since neither an election by the member nor an authorized, deemed election by the applicant was received by the Defense Finance and Accounting Service (DFAS) within the one-year period, from the date of the decree of divorce, as required by law to establish former spouse coverage, the window for election of former spouse coverage closed. By operation of law, the member’s current spouse became the eligible RCSBP beneficiary on the one-year anniversary of their marriage since no action to elect former spouse RCSBP coverage was completed by the member or the applicant. Although the Board has the authority to change SBP records, only in unique circumstances would the Board make a ruling on a case that involves two claimants to a benefit that only one of them can receive. However, if the legal beneficiary submits a notarized statement relinquishing her entitlement to the RCSBP, the Board may be willing to reconsider the applicant’s appeal in consideration of this evidence. In view of the foregoing, and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. 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-2013-04237 in Executive Session on 09 October 2014 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-04237 was considered: Exhibit A. DD Form 149, dated 20 July 2013, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTT, dated 23 November 2013. Exhibit D. Letter, SAF/MRBR, dated 14 January 2014.