SECOND
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	
		DOCKET NUMBER:  BC-2007-03579
  	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her deceased spouse’s record be changed to show he elected 
former spouse only coverage under the Survivor Benefit Plan 
(SBP).

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STATEMENT OF FACTS:

On 14 February 2008, the Board considered and denied the 
applicant’s appeal.  For an accounting of the facts and 
circumstances surrounding the applicant’s appeal and the 
rationale of the earlier decision by the Board, see the Record 
of Proceedings, with attachments, at Exhibit E.

On 24 October 2008, the AFBCMR considered and denied the 
applicant’s request for reconsideration (Exhibit F).  The 
Addendum to the Record of Proceedings (ROP) with attachments is 
at Exhibit G.

In a letter dated November 2011, the applicant submitted a 
request for reconsideration stating the SBP benefits were taken 
from her and given to her late husband’s former spouse.  The 
benefits were awarded to the former spouse because of the 
statement she made at the request of her step son.  She was 
informed by Air Force personnel that the deemed election had 
never been filed.  Since the SBP election did not indicate 
“former spouse” and a deemed election had never been filed – she 
should apply for the SBP.  She applied and was granted SBP.  
Later she was requested to pay back the money she received.  
That was appealed and DFAS waived the payments.  It was her late 
husband’s intent to have SBP benefits provided to her.  The 
former spouse has passed away and she believes she is entitled 
to the benefits.








In support of the applicant’s appeal, she provides a personal 
statement, Forms 1040, U.S. Individual Income Tax Returns, 
credit union statement and other documentation.

The applicant’s complete submission, with attachments, is at 
Exhibit H.

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THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined there was 
insufficient evidence to warrant any corrective action.  After 
thoroughly reviewing the additional documentation submitted in 
support of this appeal and the evidence of record, we do not 
believe the applicant has overcome the rationale expressed in 
the previous decision.  We took note of the applicant’s claim 
that since the former spouse is now deceased she is entitled to 
the SBP annuity.  However, in accordance with Title 10 U.S.C. 
Section 1448, the service member could have elected current 
spouse coverage on the death of the former spouse, if the 
service member had done so within 180 days of the death of the 
former spouse and he would have then had to live at least 
another two years for the new beneficiary to obtain the SBP 
benefit.  Since this did not occur we find no basis to recommend 
granting the requested relief.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2007-03579 in Executive Session on 12 February 2013, 
under the provisions of AFI 36-2603:









The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2007-03579 was considered:

   Exhibit G. Addendum to Record of Proceedings, 
              dated 19 December 2008, w/atchs.
   Exhibit H. Letter, Applicant, dated November 2011, w/atchs.