RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01845 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be designated the former spouse beneficiary on his former wife’s Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: According to their divorce decree and the court order, his former spouse was supposed to elect him as the irrevocable beneficiary under the SBP. He asked his former spouse monthly to submit the paperwork and she claimed she did not know how. He looked up the information; they filled it out together and dropped in into the mail. He began making monthly calls to the Air Force Retiree Center to get documentation showing that it was submitted in time. He was told it had been received but not processed to call back and given several different answers and eventually told it had not been received at Defense Finance Accounting Service (DFAS). He then sent a letter to his congressmen to help with the resolution. DFAS provided correspondence stating the Air Force could not release the former spouse’s military records due to privacy concerns. It also provided the requirements for a deemed election to be valid. The letter informed the applicant that his former spouse supplied documentation on 30 Oct 12 electing former spouse coverage but the documentation was insufficient and the application could not be processed. The former spouse did not send any additional documentation until 6 Mar 13, which was outside the one-year window. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s former spouse retired effective 31 Dec 97, in the grade of Master Sergeant (E-7). Prior to her retirement, she elected spouse SBP coverage, naming the applicant as the beneficiary. She and the applicant divorced on 23 Feb 12. On 14 Jun 14, the AFBCMR staff requested that both the applicant and the former military member provide an affidavit confirming their current marital status (Exhibits C and D). On 14 Jul 14, in response, the former service member indicated that she objects to the requested correction to her records because the applicant has not fulfilled the terms of the divorce decree and, as requested, provided a signed and notarized affidavit, dated 7 Jul 14, which indicates that she remarried on 20 Oct 12 (Exhibit F). 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 E. AIR FORCE EVALUATION: AFPC/DPFFF recommends forwarding the request without recommendation because it involves two potential SBP beneficiaries. The applicant and the member were married on 19 May 93. She elected spouse only SBP coverage based on full retired pay prior to her 1 Jan 98 retirement. The parties divorced on 28 Feb 12, and in the Separation Agreement and Parenting Plan, incorporated in the divorce decree, the member agreed the applicant would remain as the irrevocable SBP beneficiary. There is no evidence either party submitted a valid former spouse election within the first year following their divorce as the law requires. The Defense Enrollment Eligibility Reporting System (DEERS) records show the member married again on 20 Oct 12, but she did not notify DFAS- Cleveland Center of the change in her marital status or request spouse coverage be established on his behalf. Her current spouse became the eligible SBP beneficiary by operation of the law on the first anniversary of their marriage. A complete copy of the AFPC/DPFFF evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant and the former server member on 4 Aug 14 for review and comment within 30 days (Exhibits G and H). 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, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We note the applicant’s contention that according to their Separation Agreement and Parenting Plan, incorporated in the divorce decree, the former service member agreed the applicant would remain as the irrevocable SBP beneficiary. However, there is no evidence either party submitted a valid former spouse election within the first year following their divorce as the law requires. The former service member remarried on 20 Oct 12, and her current spouse became the eligible SBP beneficiary by operation of the law on the first anniversary of their marriage. 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-2014-01845 in Executive Session 6 May 15, on under the provisions of AFI 36-2603: The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01845 was considered: Exhibit A. DD Form 149, dated 19 May 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBR, dated 14 Jun 14. Exhibit D. Letter, SAF/MRBR, dated 14 Jun 14. Exhibit E. Memorandum, AFPC/DPFFF, dated 25 Jun 14. Exhibit F. Letter, Service Member, dated 7 Jul 14, w/atch. Exhibit G. Letter, SAF/MRBR, dated 14 Aug 14. Exhibit H. Letter, SAF/MRBR, dated 14 Aug 14.