ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02963
INDEX NUMBER: 137.01
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Corrective action be taken to reflect he elected 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 reflect he elected 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:
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 to 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.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 24 July 1993,
he elected to change his Survivor Benefit Plan (SBP) spouse and
child coverage to former spouse coverage, based on full retired
pay, naming XXXXXXXXX X. XXXXXXX as former spouse beneficiary.
___________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
02963 in Executive Session on 14 September 2005, under the
provisions of AFI 36-2603:
Ms. Kathleen F. Graham, 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 13 Apr 05,
W/exhibits A through C.
Exhibit E. Spouse’s Letter, dated 16 Aug 05.
KATHLEEN F. GRAHAM
Chair
AFBCMR BC-2004-02963
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 24 July
1993, he elected to change his Survivor Benefit Plan (SBP) spouse
and child coverage to former spouse coverage, based on full retired
pay, naming XXXXXXXXXXl as former spouse beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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