ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03002-2
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his record be
corrected to reflect his former spouse as the eligible Survivor Benefit
Program (SBP) beneficiary as dictated in his divorce decree.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired on 1 August 1989. He and his former spouse were
married on 4 April 1970. The applicant elected spouse and child coverage
based on full retired pay prior to his retirement. The parties’ divorced
in 1994, and the Qualified Domestic Relations order incorporated in the
divorce decree, ordered that SBP continue for former spouse as the eligible
beneficiary. However, the applicant’s final divorce decree was not
included with his application and neither party submitted a valid election
within one year of their divorce. The applicant remarried on 12 May 1995,
and on 26 April 2001 he requested DFAS remove his former spouse and add his
current wife to the Plan. DFAS complied with his request, but has not yet
refunded any SBP premiums to the applicant.
On 30 March 2005, the Board considered and denied the applicant’s request
for former spouse SBP coverage. For an accounting of the Board’s
consideration of this case see the Record of Proceedings at Exhibit E.
On 15 January 2006, the applicant submitted the instant request for
reconsideration on a DD 149. To support his request, the applicant
submitted a notarized statement from his current spouse relinquishing her
rights as the eligible SBP beneficiary. The applicant’s complete
submission is at Exhibit F.
_________________________________________________________________
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 since been presented to demonstrate
the existence of an injustice. The newly submitted evidence indicates the
applicant did not intentionally violate his divorce decree by requesting a
change of SBP beneficiary to his current spouse. He has provided a signed,
notarized statement from his current spouse that corroborates his claim
that his actions were unintentional, and her agreement, not to reelect SBP
coverage for his current spouse. In view of the above, the provisions of
the divorce decree, and the fact the applicant’s current spouse has
provided a notarized signed statement relinquishing her potential
entitlement to the SBP, we believe the applicant’s records should 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 2 August 1994, he elected former
spouse coverage under the Survivor Benefit Plan (SBP) based on full retired
pay, naming as the former spouse beneficiary.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 8 March 2006, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Michael K. Gallogly, Panel Member
Mr. Michael J. Novel, Panel Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-03002-2.
Exhibit E. Record of Proceedings, dated 12 April 2005, with
Exhibits.
Exhibit F. DD 149 dated 15 Jan 06 with attachments.
KATHLEEN F. GRAHAM
Panel Chair
AFBCMR BC-2004-03002-2
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 2 August 1994, he
elected former spouse coverage under the Survivor Benefit Plan (SBP) based
on full retired pay, naming as the former spouse beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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