RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03877
INDEX CODE:137.04
xxxxxxxxxxxxxxx COUNSEL: MS. CARMEN SMITH
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her husband's election for spouse-only coverage under the Survivor Benefit
Plan (SBP) be reinstated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The former member forged her signature on the declination form, DFAS-CL
1741/117, Survivor Benefit Plan Withdrawal Consent. She firmly believes
that her husband wants to leave her financially ruined.
In support of her request, the applicant provides a copy of a Sedalia
Police Department Offense Report and a copy of the SBP withdrawal consent
form. The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Records reflect the former member retired effective 1 May 72 in the grade
of master sergeant.
The remaining relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter prepared by
the Air Force Review Boards Agency Legal Advisor at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFRBA Legal Advisor recommends the Board consider what the police
investigation did establish. According to the report provided, the former
member did not deny signing his spouse's name to the form but claimed he
did not recall. He denied he ever intended to deny his spouse benefits.
To the police officer's eye (and even to a layperson's eye) the signature
on the form looks like the former member's. Accordingly, even without
concluding there is forgery, the preponderance of the evidence supports a
finding that the applicant did not sign this form, as is legally required,
and thus, there is an error in these records which should be corrected.
The complete AFRBA Legal Advisor evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 25 Jan 08
for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an error and injustice warranting corrective action. Noting
the evaluation rendered by the SAF/MRB Legal Advisor, we agree with his
opinion and recommendation in this particular instance. In this regard, we
considered what the police investigation did establish - the former member
did not deny that he forged his spouse's signature and further stated that
the declination was in error in that he never intended to deny his spouse
SBP benefits. In view of the totality of the circumstances involved, we
believe reasonable doubt has been established as to whether the applicant
signed the SBP withdrawal consent form. Therefore, we recommend the
records be corrected to the extent indicated below. It should be noted,
however, reinstatement of SBP benefits is contingent upon recoupment of
retroactive costs.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 1 May 2000, he elected spouse-
only coverage under the Survivor Benefit Plan (SBP) based on full retired
pay, naming xxxxxxxxxxxxx, as the eligible spouse beneficiary.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2007-03877
in Executive Session on 26 June 2008, under the provisions of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Alan A. Blomgren, Member
Ms. Marcia J. Bachman, Member
All members voted to correct the records, as recommended. The following
documentary evidence pertaining to Docket Number BC-2007-03877 was
considered:
Exhibit A. DD Form 149, dated 15 Nov 07, w/atchs.
Exhibit B. Letter, SAF/MRB Legal Advisor, dated 24 Jan 08.
Exhibit C. Letter, AFBCMR, dated 25 Jan 08, w/atch.
KATHY L. BOOCKHOLDT
Panel Chair
AFBCMR BC-2007-03877
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 xxxxxxxxxxxxxxxxxxxxx, be corrected to show that on 1 May 2000,
he elected spouse-only coverage under the Survivor Benefit Plan (SBP) based
on full retired pay, naming xxxxxxxxxxxxxx, as the eligible spouse
beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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