RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00393 COUNSEL: HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her former spouse’s records be corrected to reflect he made a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) APPLICANT CONTENDS THAT: Their divorce decree directed her former spouse to maintain her as the beneficiary under the SBP. Neither she, nor her attorney, received notification that other requirements in addition to the divorce decree were needed in order for her to elect and receive SBP payments. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 4 Mar 97, the deceased former member signed DD Form 2656, Data for Payment of Retired Personnel; electing SBP coverage for his spouse and children. On 31 May 97, the deceased former member was released from active duty and retired, effective 1 Jun 97. On 22 Oct 13, the former member passed away. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPFFF makes no recommendation as the case potentially involves two potential (competing) beneficiaries. The applicant and the deceased former member married on 29 Jan 83 and the former member elected spouse and child coverage based on a reduced level of retired pay prior to his 1 Jun 97 retirement. The parties divorced on 2 Sep 98, and the divorce decree ordered the applicant to be deemed as the irrevocable beneficiary of the SBP. There is no evidence that either party submitted a valid former spouse election within the first year following their divorce as the law requires. On 2 Jun 02, the deceased former member remarried, but he did not request that the Defense Finance and Accounting Service (DFAS) establish SBP coverage on his new wife’s behalf. The deceased former member’s pay records continued to reflect the applicant’s name as the eligible spouse beneficiary. However, the wife from the 2 Jun 02 marriage became the eligible spouse beneficiary on the first anniversary of their marriage by operation of law. The youngest child lost eligibility Jul 10 due to age. The deceased former member’s widow is eligible to receive his SBP annuity, but has not yet applied for the benefit. Laws controlling former spouse coverage restrict a former spouse’s eligibility for an SBP annuity to those individuals who remarried after age 55. Based on the applicant’s 20 Mar 01 re-marriage at the age of 43, her potential eligibility to receive the annuity is suspended. A complete copy of the AFPC/DPFFF evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Jul 14 for review and comment within 30 days (Exhibit D). As of this date, no response has 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 timely filed. 3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, after a thorough review of the available evidence of record, it is our opinion the requested relief should be denied. The former member elected spouse and child coverage based on a reduced level of retired pay prior to his 1 Jun 97 retirement. Following the applicant and former member’s divorce on 2 Sep 98, there was no evidence that either party submitted a valid former spouse election within the first year following their divorce as the law requires. The former member remarried in 2 Jun 02, but did not request that the Defense Finance and Accounting Service (DFAS) establish SBP coverage on his new wife’s behalf. His pay records continued to reflect the applicant’s name as the eligible spouse beneficiary. However, the wife from the 2 Jun 02 marriage became the eligible spouse beneficiary on the first anniversary of their marriage by operation of law, but has not yet applied for the benefit. Laws controlling former spouse coverage restrict a former spouse’s eligibility for an SBP annuity to those individuals who remarried after age 55. Based on the applicant’s 20 Mar 01 re-marriage at the age of 43, her potential eligibility to receive the annuity has been suspended. Irrespective of this, even if the applicant’s marriage at the age of 43 had not precluded her from retaining eligibility for SBP benefits, we do not find the evidence presented by the applicant sufficient for us to recommend corrective action. The AFBCMR has long been advised by legal counsel that it should only consider granting cases involving more than one claimant to the same benefit when extraordinary circumstances are present such as clear and unmistakable evidence that a deemed election was made or the current spouse provides a notarized statement voluntarily relinquishing their right to the benefit. There is no evidence provided that supports that extraordinary circumstances exist in this case. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-00393 in Executive Session on 17 Feb 15 under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00393 was considered: Exhibit A.  DD Form 149, dated 22 Jan 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, AFPC/DPFFF, dated 1 Apr 14. Exhibit D.  Letter, SAF/MRBR, dated 28 Jul 14.