ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00722
COUNSEL:
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased former spouses record be changed to show he elected
former spouse coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 20 May
2009. 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 at
Exhibit E.
In a letter, with attachments, dated 13 May 2009, the applicant
requests reconsideration. She states when the prenuptial
agreement is compared to the divorce decree, the decree
specifically spells out her entitlement to the survivors
benefits rights. The Air Force is partly at fault because under
the retiree account statement, they have continually listed her
social security number, not his surviving spouse.
The applicants complete submission, with attachments, is at
Exhibit F.
_________________________________________________________________
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. Therefore, we do not find the additional
evidence presented is sufficient to compel us to recommend
granting the relief sought on that basis. In the absence of
evidence to the contrary, we find no basis upon which to
recommend favorable consideration of the applicants request.
_________________________________________________________________
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-2009-00722 in Executive Session on 4 June 2010, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 28 May 2009, w/atchs.
Exhibit F. Letter, Applicant, dated 13 May 2009, w/atchs.
Panel Chair
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