ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02160
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected former spouse
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
STATEMENT OF FACTS:
On 25 January 2011, the Board considered and denied the
applicants request to correct his military records to reflect
that he elected former spouse coverage under the Survivor Benefit
Plan (SBP). The Board noted that neither the service member nor
the former spouse submitted a valid election within the one-year.
The Board advised the applicant if the legal beneficiary
submitted a notorized statement relinquishing her entitlement to
the SBP, the Board would be willing to reconsider his appeal.
For an accounting of the facts and circumstances surrounding the
application, and the rationale of the earlier decision by the
Board, see the Record of Proceedings (ROP) at Exhibit F.
On 16 March 2011, applicant provided a notarized statement from
his spouse relinquishing her entitlement to the SBP annuity
(Exhibit G).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of the applicants most recent
submission, we believe the records should be changed to reflect
that he elected former spouse coverage under the Survivor Benefit
Plan (SBP). We note the applicant has provided a notarized
statement from his spouse relinquishing her entitlement to the
SBP. It is our opinion the former member intended to provide his
former spouse the SBP annuity as agreed to in their divorce
decree and we are satisfied his spouse is fully aware she is
relinquishing her entitlement to the annuity. Therefore, we
recommend that the applicants 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 28 March
2007, he elected to change his Survivor Benefit Plan (SBP) spouse
coverage to former spouse coverage, based on full retired pay,
naming spouse as the former spouse beneficiary.
_________________________________________________________________
The following members of the Board considered Docket Number
BC-2010-02160 in Executive Session on 5 April 2011, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 22 Mar 11,
W/exhibits A through E.
Exhibit F. Spouses Notarized Statement, dated 16 Mar 11.
Panel Chair
AFBCMR BC-2010-02160
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
APPLICANT be corrected to show that on 28 March 2007, he elected to change his Survivor
Benefit Plan (SBP) spouse coverage to former spouse coverage, based on full retired pay, naming
XXXXXXXX as the former spouse beneficiary.
Director
Air Force Review Boards Agency
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