ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00742
INDEX NUMBER: 137.04
COUNSEL: MICHAEL L. SMITH
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he filed a timely election for
former spouse coverage under the Survivor Benefit Plan (SBP).
___________________________________________________________________
RESUME OF CASE:
On 30 Mar 05, the Board considered and denied the applicant’s
request to correct his records to show he filed a timely election
for former spouse coverage under the Survivor Benefit Plan (SBP).
The Board further noted if the applicant’s current spouse provided
a notarized statement relinquishing her potential entitlement to
the SBP annuity, they would be willing to reconsider the
applicant’s request. 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 D.
Applicant provided a notarized statement from his current spouse
relinquishing her entitlement to the SBP annuity (Exhibit E).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. After careful consideration of the applicant’s most recent
submission, we believe that his former spouse should be designated
as the eligible beneficiary for his Survivor Benefit Plan (SBP)
annuity. In this respect, we note the applicant’s current spouse
has provided a notarized statement relinquishing her potential
entitlement to the SBP. It is our opinion the applicant intended
to provide his former spouse the SBP annuity as agreed in their
divorce decree and we are satisfied his current 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.
2. We note that applicant’s current spouse has requested that she
retain the SBP if the former spouse becomes ineligible for the
benefits. Should the former spouse become an ineligible
beneficiary, the applicant retains the right to submit a request to
the Defense Finance and Accounting Service – Denver Center
requesting SBP coverage be established in his current spouse’s
behalf. By operation of law, the coverage does not automatically
revert to his current spouse.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 3 April 1991,
he elected to change his Survivor Benefit Plan (SBP) spouse and
child coverage to former spouse coverage, based on full retired
pay, naming XXXXXXXXX as former spouse beneficiary.
___________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
00742 in Executive Session on 27 September 2005, under the
provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Michael K. Gallogly, Member
Mr. Michael J. Novel, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit D. Record of Proceedings, dated 7 Jul 05,
w/Exhibits A through C.
Exhibit E. DD Form 149, with Spouse’s Letter, dated 12 Sep 05.
KATHLEEN F. GRAHAM
Panel Chair
AFBCMR BC-2003-00742
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 3 April
1991, he elected to change his Survivor Benefit Plan (SBP) spouse
and child coverage to former spouse coverage, based on full retired
pay, naming XXXXXXXXX as former spouse beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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