ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04680 COUNSEL: HEARING DESIRED: NO (APPLICANT) _________________________________________________________________ APPLICANT REQUESTS THAT: Survivor Benefit Plan (SBP) payments be paid to her. _________________________________________________________________ STATEMENT OF FACTS: On 19 Jul 11, the Board considered and denied the applicant’s request that she receive the former member’s SBP payments. A complete copy of the Record of Proceedings is attached at Exhibit E (with Exhibits A through D). By letter, dated 29 Aug 11, the applicant’s counsel requests reconsideration contending that the BCMR Legal Advisor advised that if the second spouse of the former member agreed to relinquish her rights to listed as the SBP beneficiary, he would recommend correcting the record. Therefore, since the second spouse signed a notarized consent waiving all rights to SBP benefits, the applicant confirms the right to receive all SBP benefits. In support of the appeal, the applicant’s attorney submits a copy of the notarized consent, the original AF Form 149, Application for correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), and a copy of her Permanent Stipulations Agreement from the State of New Hampshire. The applicant’s complete submission, with attachments, is at Exhibit F. _________________________________________________________________ THE BOARD CONCLUDES THAT: After careful consideration of the applicant’s most recent submission, we believe the applicant should be designated as the eligible beneficiary for the deceased member’s SBP annuity. In this respect, we note that the deceased member’s widow has knowingly relinquished her entitlement to the SBP. We are satisfied that his current spouse is fully aware she has relinquished her entitlement to the annuity. Therefore, we recommend that the 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 23 April 1998, he elected to change his Survivor Benefit Plan (SBP) from "spouse coverage" to "former spouse coverage" based on the previous reduced level of coverage, naming XXXXX as the eligible beneficiary. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-04680 in Executive Session on 30 Jan 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC- 2010-04680 was considered: Exhibit E. Record of Proceedings dated 9 Aug 11, w/Exhibits Exhibit F. Letter, Applicant’s Attorney, dated 29 Aug 11, w/atchs. Panel Chair