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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