ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02160 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he elected former spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ STATEMENT OF FACTS: On 25 January 2011, the Board considered and denied the applicant’s request to correct his military records to reflect that he elected former spouse coverage under the Survivor Benefit Plan (SBP). The Board noted that neither the service member nor the former spouse submitted a valid election within the one-year. The Board advised the applicant if the legal beneficiary submitted a notorized statement relinquishing her entitlement to the SBP, the Board would be willing to reconsider his appeal. For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit F. On 16 March 2011, applicant provided a notarized statement from his spouse relinquishing her entitlement to the SBP annuity (Exhibit G). _________________________________________________________________ THE BOARD CONCLUDES THAT: After careful consideration of the applicant’s most recent submission, we believe the records should be changed to reflect that he elected former spouse coverage under the Survivor Benefit Plan (SBP). We note the applicant has provided a notarized statement from his spouse relinquishing her entitlement to the SBP. It is our opinion the former member intended to provide his former spouse the SBP annuity as agreed to in their divorce decree and we are satisfied his spouse is fully aware she is relinquishing her entitlement to the annuity. Therefore, we recommend that the applicant’s records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 28 March 2007, he elected to change his Survivor Benefit Plan (SBP) spouse coverage to former spouse coverage, based on full retired pay, naming spouse as the former spouse beneficiary. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-02160 in Executive Session on 5 April 2011, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit E. Record of Proceedings, dated 22 Mar 11, W/exhibits A through E. Exhibit F. Spouse’s Notarized Statement, dated 16 Mar 11. Panel Chair AFBCMR BC-2010-02160 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 28 March 2007, he elected to change his Survivor Benefit Plan (SBP) spouse coverage to former spouse coverage, based on full retired pay, naming XXXXXXXX as the former spouse beneficiary. Director Air Force Review Boards Agency