RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03564 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her former spouse’s records be corrected to reflect that he elected former spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: She and her ex-husband had an agreement during the divorce that he would continue SBP for her after the divorce. The divorce decree stipulates he is to provide the maximum amount available, which is irrevocable. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 30 May 01, the former member retired in the grade of Technical Sergeant (TSgt/E-6). According to a Marriage Certificate issued by the State of Arkansas, County of Mississippi, and submitted by the applicant, she and the former member were married on 10 Oct 86. On 12 Feb 01, the applicant was informed by the office of the Chief, Survivor Benefits that her spouse had elected a reduced SBP rate. According to a Divorce Decree issued by the State of Florida, County of XXXXXX, and submitted by the applicant, she and the former member were divorced 17 May 01. The Martial Settlement Agreement indicated the former service member would provide his former spouse (applicant) a survivor annuity by making an SBP election to his former spouse (applicant). The former member remarried on 8 May 04, and did not notify the Defense Finance and Accounting Office of his change in marital status. Copies of the AFBCMR marital status affidavits were forwarded to the applicant and former member on 7 Sep 2014, to verify their marital status. The applicant responded with a signed and notarized affidavit, dated 26 Sep 14, which indicates that she is not currently married and her former spouse is currently married. The former member has not responded as of this date. AIR FORCE EVALUATION: AFPC/DPFFF makes no recommendation as the case potentially involves two potential (competing) beneficiaries. The applicant and the former member married on 10 Oct 86 and he elected spouse only SBP coverage based on a reduced level of retired pay prior to his 1 May 01 retirement. The parties divorced on 17 May 01, and in the Marital Settlement Agreement, incorporated in the divorce decree, the applicant was awarded the SBP. There is no evidence that either party submitted a valid former spouse election during the required time following their divorce. Premiums for SBP spouse coverage were suspended effective the date of their divorce. Defense Enrollment Eligibility Reporting System (DEERS) records show the member married his current spouse on 8 May 04, but he did not notify the Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) of the change in his marital status or request that spouse coverage be established on his new wife’s behalf. Nevertheless, his current spouse became the eligible spouse beneficiary by operation of the law on the first anniversary of their marriage. The applicant remarried on 5 Jul 02, prior to her 55th birthday (date of birth: 25 Apr 60); however, the parties divorced on 7 Nov 13. The complete DPFFF evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluation were forwarded to the applicant and the former member on 18 Dec 14 for review and comment within 30 days (Exhibits E & F). 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, including attachments, in judging the merits of the case; however, the applicant has not demonstrated that extraordinary circumstances exist that are required for this Board to grant relief in cases of competing SBP beneficiaries. While we do not take issue with the applicant’s assertion that an addendum to a stipulation of judgment for divorce ordered that SBP benefits be paid to her as the former spouse, she failed to convert the coverage to former spouse coverage within one year of their divorce as required by law. However, in this case, the applicant has indicated that there is a potential competing interest for SBP benefits as her former spouse remarried. The AFBCMR has consistently refused to grant similar applications where there is a spouse with a legal entitlement to this benefit, unless that spouse relinquishes his/her right to this entitlement in a notarized statement. Therefore, absent the consent of the former member’s spouse, we do not find there are extraordinary circumstances here that would cause us to render a determination that would serve to extinguish the legal rights of another party in contravention of our long- standing practice in similar cases. Therefore, because such an action would deprive the former member’s spouse of a legal entitlement, granting the application is not appropriate in these circumstances. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-03564 was considered: Exhibit A. DD Form 149, dated 29 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Applicant and Former Member, Marital Status Affidavit Letters, dated 7 Sep 14, w/atchs. Exhibit D. Memorandum, DPFFF, dated 1 Dec 14. Exhibit E. Letter - Applicant, SAF/MRBR, dated 18 Dec 14. Exhibit F. Letter – Former Member, SAF/MRBR, dated 7 Sep 14.