SECOND
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2007-03579
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her deceased spouses record be changed to show he elected
former spouse only coverage under the Survivor Benefit Plan
(SBP).
________________________________________________________________
_
STATEMENT OF FACTS:
On 14 February 2008, the Board considered and denied the
applicants appeal. For an accounting of the facts and
circumstances surrounding the applicants appeal and the
rationale of the earlier decision by the Board, see the Record
of Proceedings, with attachments, at Exhibit E.
On 24 October 2008, the AFBCMR considered and denied the
applicants request for reconsideration (Exhibit F). The
Addendum to the Record of Proceedings (ROP) with attachments is
at Exhibit G.
In a letter dated November 2011, the applicant submitted a
request for reconsideration stating the SBP benefits were taken
from her and given to her late husbands former spouse. The
benefits were awarded to the former spouse because of the
statement she made at the request of her step son. She was
informed by Air Force personnel that the deemed election had
never been filed. Since the SBP election did not indicate
former spouse and a deemed election had never been filed she
should apply for the SBP. She applied and was granted SBP.
Later she was requested to pay back the money she received.
That was appealed and DFAS waived the payments. It was her late
husbands intent to have SBP benefits provided to her. The
former spouse has passed away and she believes she is entitled
to the benefits.
In support of the applicants appeal, she provides a personal
statement, Forms 1040, U.S. Individual Income Tax Returns,
credit union statement and other documentation.
The applicants complete submission, with attachments, is at
Exhibit H.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
In an earlier finding, the Board determined there was
insufficient evidence to warrant any corrective action. After
thoroughly reviewing the additional documentation submitted in
support of this appeal and the evidence of record, we do not
believe the applicant has overcome the rationale expressed in
the previous decision. We took note of the applicants claim
that since the former spouse is now deceased she is entitled to
the SBP annuity. However, in accordance with Title 10 U.S.C.
Section 1448, the service member could have elected current
spouse coverage on the death of the former spouse, if the
service member had done so within 180 days of the death of the
former spouse and he would have then had to live at least
another two years for the new beneficiary to obtain the SBP
benefit. Since this did not occur we find no basis to recommend
granting the requested relief.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2007-03579 in Executive Session on 12 February 2013,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2007-03579 was considered:
Exhibit G. Addendum to Record of Proceedings,
dated 19 December 2008, w/atchs.
Exhibit H. Letter, Applicant, dated November 2011, w/atchs.
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