ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1998-01039
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased former husband’s records be corrected to reflect that he made
a timely election for former spouse coverage under the Survivor Benefit
Plan (SBP).
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 25 May 1999.
For an accounting of the facts and circumstances surrounding the
applicant’s appeal, and the rationale of the earlier decision by the Board,
see the Record of Proceedings at Exhibit E.
In an application dated 22 August 2007, the applicant requests
reconsideration. She states on two different occasions she called Maxwell
Air Force Base to inquiries about any benefits that she is entitled to.
She was married to her late husband for 30 years. The first call was made
before they divorced in August 1995. She was informed that she would not
qualify for the Civilian Health and Medical Program of the Uniformed
Services (Champus) coverage as they were only married a little over
19 years of his active military time. Since she was on file as his death
beneficiary and premiums were deducted from his pay, there was nothing left
to be done. The applicant’s complete submission, with attachments is at
Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice. After a thorough review of the evidence of
record it is the Board majority's opinion that corrective action is
warranted. The majority of the Board, noting that the former servicemember
continued to pay into the SBP after he and his former spouse divorced in
1995, believes the applicant has established reasonable doubt as to whether
it was his intent that she receive survivor benefits in compliance with the
court order. Accordingly, the Board majority is of opinion that the
benefit of any doubt in this matter should be resolved in her favor and
recommends that her 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 9 August 1995, he elected former
spouse coverage under the Survivor Benefit Plan (SBP) based on full retired
pay, naming XXX as former spouse beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-1998-
01039 in Executive Session on 25 September 2008, under the provisions of
AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Michael K. Gallogly, Member
By a majority vote, the Board recommended to correct the records, as
recommended. Ms. Hassan voted to deny the applicant’s request but does not
desire to submit a minority report. The following documentary evidence was
considered:
Exhibit E. Record of Proceedings, dated 28 May 1998,
w/atch.
Exhibit F. DD Form 149, dated 22 August 2007, w/atchs.
MICHAEL J. NOVEL
Panel Chair
AFBCMR BC-1998-01039
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 XXX, be corrected to show that on 9 August 1995, he elected
former spouse coverage under the Survivor Benefit Plan (SBP) based on full
retired pay, naming XXX as former spouse beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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