ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04680
COUNSEL:
HEARING DESIRED: NO
(APPLICANT)
_________________________________________________________________
APPLICANT REQUESTS THAT:
Survivor Benefit Plan (SBP) payments be paid to her.
_________________________________________________________________
STATEMENT OF FACTS:
On 19 Jul 11, the Board considered and denied the applicants
request that she receive the former members SBP payments. A
complete copy of the Record of Proceedings is attached at Exhibit
E (with Exhibits A through D).
By letter, dated 29 Aug 11, the applicants counsel requests
reconsideration contending that the BCMR Legal Advisor advised
that if the second spouse of the former member agreed to
relinquish her rights to listed as the SBP beneficiary, he would
recommend correcting the record. Therefore, since the second
spouse signed a notarized consent waiving all rights to SBP
benefits, the applicant confirms the right to receive all SBP
benefits.
In support of the appeal, the applicants attorney submits a copy
of the notarized consent, the original AF Form 149, Application
for correction of Military Record Under the Provisions of Title
10, U.S. Code, Section 1552), and a copy of her Permanent
Stipulations Agreement from the State of New Hampshire.
The applicants complete submission, with attachments, is at
Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of the applicants most recent
submission, we believe the applicant should be designated as the
eligible beneficiary for the deceased members SBP annuity. In
this respect, we note that the deceased members widow has
knowingly relinquished her entitlement to the SBP. We are
satisfied that his current spouse is fully aware she has
relinquished her entitlement to the annuity. Therefore, we
recommend that the 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 23 April 1998,
he elected to change his Survivor Benefit Plan (SBP) from "spouse
coverage" to "former spouse coverage" based on the previous
reduced level of coverage, naming XXXXX as the eligible
beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-04680 in Executive Session on 30 Jan 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to Docket Number BC-
2010-04680 was considered:
Exhibit E. Record of Proceedings dated 9 Aug 11, w/Exhibits
Exhibit F. Letter, Applicants Attorney, dated 29 Aug 11,
w/atchs.
Panel Chair
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