ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2010-02611
COUNSEL:
(Member) HEARING DESIRED: NO
(Applicant)
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former spouses record be corrected to reflect he elected former spouse coverage based on full retired pay under the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
RESUME OF CASE:
On 7 April 2011, the Board considered and denied the applicants requests to correct her former spouses record to reflect he elected former spouse based on full retired pay under the RCSBP. For an accounting of the facts and circumstances surrounding the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit F.
On 30 November 2012, the applicants counsel submitted a request for reconsideration based on their submission of affidavits from the applicants former husband (member) and his current spouse agreeing to the requested relief and voluntarily relinquishing all rights and/or benefits under the members pre- and post-retirement survivor benefits, RCSBP and/or Cost of Living Increase (COLA).
In support of her appeal, the applicants counsel provides as new evidence, affidavits from the member and his current spouse, dated 13 October 2011.
The applicants complete submission, with attachments, is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
In earlier findings, the Board determined that there was insufficient evidence to warrant any corrective action based on the fact the RCSBP benefits involved two potential beneficiaries. Although the applicants divorce decree ordered her former husband (member) to continue coverage for her under RCSBP, he failed to convert the coverage to former spouse coverage within one year of their divorce as required by law. The legal guidance the Board has been given indicates we can only grant the relief sought if the members current spouse provides notarized consent relinquishing the RCSBP benefit.
Based on the notarized affidavits received as part of this reconsideration request, indicating the members wish to change the RCSBP beneficiary from his current spouse to his former spouse in order to comply with their divorce decree; and, his current spouses notarized statement indicating she concurs with such action and that she voluntarily relinquishes all benefits and/or rights in regard to her spouses RCSBP, we find an injustice has occurred and believe the members record should be corrected to provide relief. Therefore, based on the aforementioned, we recommend the members record be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the MEMBER be corrected to show that on 10 April 2002, he elected immediate annuity for former spouse coverage based on full retired pay under the Reserve Component Survivor Benefit Program.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2010-02611 in Executive Session on 7 May 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The following documentary evidence for AFBCMR Docket Number BC-2010-02611 was considered:
Exhibit F. ROP, dated 6 May 11, w/Exhibits A through E.
Exhibit G. Letter, Counsel, dated 30 Nov 12, w/atchs.
Panel Chair
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