ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01544
XXXXXXX (DECEASED) COUNSEL: NONE
APPLICANT: HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be entitled to benefits under the Survivor Benefit Plan
(SBP).
________________________________________________________________
STATEMENT OF FACTS:
On 19 Dec 12, the Board considered and denied a similar appeal.
For an accounting of the facts and circumstances surrounding the
applicants request that she be entitled to the SBP, and, the
rationale of the earlier decision by the Board, see the Record
of Proceedings at Exhibit E.
The applicant requests reconsideration because the decedent left
her in financial distress and she is the one that took care of
him for the last 23 years.
In support of her appeal, she provides a personal statement;
copies of DD Forms 1173, United States Uniformed Service
Identification Privilege Card, (ID Card) for her and the
surviving children; letter from the servicing Department of
Veterans Affairs (DVA) office; letters of support from her
church pastor and members; decedents death certificate (sealed)
and various other documents.
The applicants complete submission, with attachments, is at
Exhibit F.
________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application and the evidence provided
in support of the appeal, we do not find that a revision of the
earlier determination in this case is warranted. In an earlier
decision, the applicant was advised of her right to request
reconsideration. However, since the former spouse made a deemed
election within the one year following divorce, she should have
also been advised that the Board was/is without authority to
correct the record. If the applicant still believes she is
entitled to the SBP, we believe the court system is the
appropriate venue to pursue the relief she is seeking. In view
of the above and in the absence of evidence to the contrary,
this Board lacks the authority to favorably consider this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2012-01544 in Executive Session on 25 March 2014 and
11 April 2014, under the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 7 Jan 13,
with Exhibits.
Exhibit F. Applicants DD Form 149, dated 19 Feb 13, with
attachments.
Vice Chair
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