RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03725 (APPLICANT) COUNSEL: NONE (MILITARY MEMBER) 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: On 21 Aug 14, the applicant learned that her former spouse’s military records did not indicate that she is to be the sole beneficiary for SBP. In support of her appeal, the applicant submits the divorce decree dissolving their marriage effective 25 Mar 94; a letter from her lawyer addressed to DFAS concerning their divorce (dated 17 Jun 94); a letter from DFAS to her lawyer acknowledging receipt of divorce information (dated 14 Jul 94); and a SBP Marital Status Affidavit forms from the applicant and from her former spouse. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s husband retired from the Regular Air Force in the grade of Colonel (O-6). According to AFPC/DPFFF and the documents provided by the applicant: a. The applicant married her former spouse on 28 Oct 78, and he elected spouse and child SBP coverage based on full retired pay prior to his 1 Sep 86 retirement. b. On 25 Mar 94, the applicant and her former spouse were divorced, and the divorce decree ordered the applicant’s husband to maintain her as the SBP beneficiary; however, there is no evidence the applicant or the former spouse submitted a valid election to voluntarily change spouse to former spouse SBP coverage within the first year following their divorce as the law requires. c. On 23 Jul 94, the applicant’s former spouse was remarried, but he did not notify DFAS-CL of the change in his marital status or requested that spouse coverage be established on his new spouse’s behalf. Nevertheless, by operation of the law on the first anniversary of their marriage the new spouse became the eligible SBP beneficiary. e. DFAS-CL records continue to erroneously reflect the applicant as the eligible spouse beneficiary and premiums continue to be deducted from the applicant’s former husband retired pay. 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 B. AIR FORCE EVALUATION: AFPC/DPFFF states that based on guidance issued by the AFBCMR on 18 Mar 04, we are forwarding this request without recommendation because it involves two potential SBP beneficiaries. The complete copy of the DPFFF evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Nov 14 for review and comment within 30 days (Exhibit C). 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. Given that the member has remarried the case involves two potential SBP beneficiaries and the Board has been advised by USAF/JAA that cases involving competing interests for SBP should only be considered under extraordinary circumstances. Additionally, neither the member nor the applicant (former spouse) applied for former spouse coverage within one year of the date of the divorce as required by law. Therefore, in the absence of persuasive 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-2014-03725 in Executive Session on 23 Jul 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A.  DD Form 149, dated 07 Sep 14, w/atchs. Exhibit B.  Memorandum, AFPC/DPFFF, dated 04 Nov 14. Exhibit C.  Letter, SAF/MRBR, dated 24 Nov 14.