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AF | BCMR | CY2005 | BC-2004-02555-2
Original file (BC-2004-02555-2.doc) Auto-classification: Approved

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


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02555-2

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________


The application for correction of the records of APPLICANT was submitted  by
his former spouse.

APPLICANT REQUESTS THAT:

In the applicant’s request  for  reconsideration,  she  requests  corrective
action that would entitle her to an annuity under the Survivor Benefit  Plan
(SBP).
_________________________________________________________________

STATEMENT OF FACTS:

The applicant and former member were married on 19  March  1966.   Prior  to
his 1984 retirement, he elected spouse only  coverage  based  on  a  reduced
level of retired pay.  The applicant and former member were  divorced  on  5
October 1987 and the divorce decree indicates the former  member  agreed  to
retain the applicant (Sue)  as  sole  beneficiary  of  the  widow’s  annuity
benefit.  The former member was remarried on 24 December 1987 to T--- S---.

A similar appeal was considered and denied by the Board  on  30 March  2005.
A summary of the evidence considered by the Board and the rationale for  its
decision is set forth in the Record of Proceedings,  which  is  attached  at
Exhibit D.

On 24 June 2005, the applicant  submitted  a  request  for  reconsideration,
contending that she was married to the former member while  he  was  in  the
Air Force for over 21 years.  The former member remarried three years  after
he retired from the Air Force.   She  has  provided  a  notarized  Affidavit
signed by the former member’s widow relinquishing her  entitlement/claim  to
the SBP annuity and granting the annuity in  her  favor.   To  support  this
assertion,  the  applicant  provided  a  personal  statement,  a   notarized
Affidavit and a voided check.  The  applicant’s  complete  submission,  with
attachments, is at Exhibit E.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  error  or  injustice.   After   reviewing   the   applicant’s
submission and the evidence of record,  we  are  persuaded  that  relief  is
warranted.  After thoroughly reviewing the circumstances of  this  case,  it
is our opinion that the former spouse should  receive  the  SBP  annuity  to
comply with the divorce decree and settlement agreement awarding  the  asset
to her by the court.  We note the widow has provided a  notarized  statement
relinquishing her entitlement to the SBP.  We are persuaded by the  evidence
presented that it was the applicant’s intent to provide  his  former  spouse
the SBP annuity  and  satisfied  that  his  widow  is  fully  aware  she  is
relinquishing her entitlement to the annuity.  Therefore, we  recommend  his
records be corrected to the extent 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 6 October 1987,  he  changed  his
Survivor Benefit Plan (SBP) election from spouse to former spouse, based  on
a previous reduced level of retired pay, naming XXXXXX as the former  spouse
beneficiary.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 18 October 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 in connection with  AFBCMR
Docket Number BC-2004-02555.

      Exhibit D.  Record of Proceedings, dated 29 Apr 05,
                with Exhibits.
      Exhibit E.  Applicant’s Letter, dated 24 Jun 05, with
                attachments.



                                   KATHLEEN F. GRAHAM
                                   Panel Chair


AFBCMR BC-2004-02555-2




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 6 October 1987, he
changed his Survivor Benefit Plan (SBP) election from spouse to former
spouse, based on a previous reduced level of retired pay, naming XXXXX as
the former spouse beneficiary.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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