ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01689-2
INDEX CODE: 137.00
COUNSEL: ROBERT G. BERNSTEIN
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
She be designated as beneficiary under the Survivor Benefit Plan (SBP).
_________________________________________________________________
STATEMENT OF FACTS
On 30 January 2007, the Board considered and denied a similar appeal
submitted by the applicant. For an accounting of the facts and
circumstances surrounding the applicant’s request and the rationale of the
earlier decision by the Board, see the Record of Proceedings at Exhibit F.
In a letter dated 12 June 2007, counsel for the applicant provided evidence
of a court ruling dated 11 June 2007, wherein the court ruled that the
spouse of the decedent at the time of his death waives any interest in the
applicant’s SBP benefits and is no longer a party to the applicant’s claim
to the Air Force Board for Correction of Military Records.
Counsel’s complete submission, with attachments, is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In light of the court’s ruling and the widow’s pleading that she no longer
has an interest in the decedent’s SBP, there appears to be no remaining
obstacles impeding the applicant’s efforts to be named the beneficiary of
the decedents SBP election. Therefore, we recommend his record 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 January 1993, he elected
former spouse coverage under the Survivor Benefit Plan (SBP) based on full
retired pay, naming Antonia O. Eaton as the former spouse beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2006-
01689 in Executive Session on 9 October 2007, under the provisions of AFI
36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Renee M. Collier, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 6 June 2007,
with exhibits A through E.
Exhibit G. Counsel’s Letter, dated 12 June 2007, w/atchs.
KATHLEEN F. GRAHAM
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
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Office Of The Assistant Secretary
AFBCMR BC-2006-01689
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 DECEDENT be corrected to show that on 24 January 1993, he
elected former spouse coverage under the Survivor Benefit Plan (SBP) based
on full retired pay, naming APPLICANT as the former spouse beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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