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AF | BCMR | CY2011 | BC 2011 04726 2
Original file (BC 2011 04726 2.txt) Auto-classification: Approved
ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2011-04726
		
		COUNSEL:  NONE
(FORMER SERVICE MEMBER)

		HEARING DESIRED:  NO
(APPLICANT)


APPLICANT REQUESTS THAT:

The former service member’s records be corrected to reflect he 
made a timely election for former spouse coverage.


STATEMENT OF FACTS:

A similar appeal was considered and denied by the Board on 
21 Sep 12.  The Board found there was no evidence showing a deemed 
election was submitted within one year following their divorce and 
the current spouse became the eligible beneficiary by operation of 
law.  There was no evidence showing that extraordinary 
circumstances existed to warrant granting relief without 
confirming there was not a competing spouse.  The Board further 
noted it would only consider favorable action on the request if 
the current spouse provided notarized consent relinquishing her 
entitlement to the benefit.  For an accounting of the facts and 
circumstances surrounding his request, and the rationale for the 
earlier decision by the Board, see the Record of Proceedings, with 
attachments, at Exhibit F.  

The applicant (former spouse) is now requesting reconsideration 
for former spouse coverage based on a Mediated Settlement 
Agreement, which included a DD Form 2656, from the former service 
member’s current spouse indicating she was not interested in being 
the designated eligible spouse regarding the SBP (Exhibit G).

On 12 Aug 14, SAF/MRBR notified the former service member that he 
needed to complete a signed notarized retiree affidavit, his 
current spouse needed to complete a signed notarized release of 
benefits affidavit, and his former needed to complete a signed 
notarized marital status affidavit (Exhibit H).  



On 5 Sep 14, the former service member provided the signed 
notarized retiree affidavit and his current spouse’s signed 
notarized release of benefits affidavit (Exhibit I).  

On 19 Nov 14, the applicant provided a signed notarized marital 
status affidavit.  The former service member also provided a 
statement requesting his former spouse be deemed his beneficiary 
under the SBP (Exhibit J).


THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined that there was 
insufficient evidence to warrant any corrective action due to the 
potential of a competing beneficiary.  However, the service 
member, his current spouse, and the former spouse (applicant) have 
all provided notarized statements that are sufficient for us to 
conclude that there is not a competing beneficiary that would 
preclude this Board from recommending correction of the service 
member’s records to reflect he made a proper and timely election 
for former spouse coverage.  Therefore, while there is no evidence 
of an error on the part of the Air Force, we believe the evidence 
is sufficient to conclude the applicant is the victim of an 
injustice.  Moreover, the court has ordered the coverage, and 
there is no competing spouse.  Therefore, we recommend the former 
service member’s records be corrected as indicated below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force 
relating to the FORMER SERVICE MEMBER be corrected to show that on 
31 August 2004, he elected former spouse coverage under the 
Survivor Benefit Plan (SBP) based on full retired pay, naming 
APPLICANT as the former spouse beneficiary.


The following members of the Board considered AFBCMR Docket Number 
BC-2011-04726 in Executive Session on 17 Feb 15 under the 
provisions of AFI 36-2603:

	, Vice Chair
	, Member
	, Member



All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2011-04726 was considered:

	Exhibit F.  Record of Proceedings, dated 21 Sep 12,
	            w/Exhibits.
	Exhibit G.  Letter, Applicant, dated 6 May 14, w/atchs.
	Exhibit H.  Letter, SAF/MRBR, dated 12 Aug 14, w/atchs.
	Exhibit I.  Letter, Former Service Member, dated 5 Sep 14,
	            w/atchs.
	Exhibit J.  Letter, Applicant, dated 19 Nov 14, w/atchs.

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