RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01259 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her former spouse’s military records be corrected to reflect he elected former spouse coverage under the Survivor Benefit Plan (SBP) naming her as beneficiary. APPLICANT CONTENDS THAT: He was ordered to name her as beneficiary of SBP, per the divorce and she was not aware she had to report the divorce to Defense Finance and Accounting Service (DFAS) within a year. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 14 Jun 91, the applicant entered the Regular Air Force. On 30 Jun 12, the applicant was released from active duty and retired, effective 1 Jul 12. He was credited with 21 years and 18 days of active service. According to Air Force Board for Correction of Military Records (AFBCMR) Survivor Benefit Program – Marital Status Affidavit, submitted by the applicant, she and her former spouse married on 22 Apr 00. The applicant and her former spouse divorced on 13 Feb 14. The final decree of divorce issued by the State of Texas, County of Taylor, ordered the applicant’s former spouse to provide payment of all monthly SBP premium cost. 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 D. AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of Air Force error and no basis in law to grant the requested relief. Although the court may have attempted to award SBP to the applicant, the SBP law is very specific, in that it does not allow former spouse coverage to be established unless the former spouse was covered as a spouse when the member retired. Absent such an election, the court does not have standing to require a member to elect SBP coverage. On 23 Mar 12, the applicant’s former spouse elected spouse and child coverage based on full retired pay; however, on 11 Jun 12 he changed his election to child only SBP coverage based on full retired pay prior to his 1 Jul 12 retirement and the applicant concurred. The divorce decree contained language allowing the applicant to receive 30 percent of the member’s monthly disposable retirement and “that the forgoing calculated percentage awarded former spouse be reduced, as necessary, to provide the former spouse’s payment of all of the monthly SBP premium cost.” The language pertaining to the SBP is unenforceable. Title 10 U.S.C., Section 1448 (a)(3)(A), requires the spouse of a married member to concur in SBP elections that provide less than maximum spouse coverage. The laws controlling the SBP preclude a married member, who declined spouse coverage at the time of retirement, from providing SBP former spouse coverage following a post-retirement divorce unless Congress authorizes open enrollment. A complete copy of the AFPC/DPFFF evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 31 Jul 15 for review and comment within 30 days (Exhibit E). 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, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2015-01259 was considered: Exhibit A. DD Form 149, dated 10 Mar 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Applicant, Marital Status Affidavit Letter Response, dated 29 Apr 15, w/atchs. Exhibit D. Memorandum, DPFFF, dated 25 Jun 15. Exhibit E. Letter, SAF/MRBR, dated 31 Jul 15.