ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03646
(DECEASED COUNSEL:
SERVICE MBR)
HEARING DESIRED: NO
(APPLICANT)
________________________________________________________________
APPLICANT REQUESTS THAT:
Her late former spouses records be corrected to reflect he made
a timely election for former spouse coverage under the Survivor
Benefit Plan (SBP).
________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on
17 June 2013. For an accounting of the facts and circumstances
surrounding the applicants request, and the rationale for the
earlier decision by the Board, see the Record of Proceedings,
with Exhibits, at Exhibit D.
On 15 August 2013, the applicants counsel requests
reconsideration for former spouse coverage under the SBP.
Counsel cites he submitted a request on 10 February 1988 for the
applicant to receive benefits as outlined in her Separation
Agreement. Counsel states in March 1988, they were notified by
the Judge Advocates office that the applicant was entitled and
would receive payments under the Uniformed Service Former
Spouses Protection Act; and in fact she did receive payments
until the former service members death in 2012. To state the
applicant is not eligible for former spouse coverage because she
failed to properly file for coverage is an injustice.
The Counsels complete submission, with attachments, is at
Exhibit E.
________________________________________________________________
THE BOARD CONCLUDES THAT:
We have thoroughly reviewed the evidence of record and
considered the weight and relevance of the additional
documentation provided by the applicant, and whether or not it
was discoverable at the time of any previous application.
However, since no new and relevant evidence has been provided,
we find the request does not meet the criteria for
reconsideration. As the applicant has been previously advised,
reconsideration is provided only where newly discovered relevant
evidence is presented which was not available when the
application was submitted. Further, the reiteration of facts we
have previously addressed, uncorroborated personal observations,
or additional arguments on the evidence of record are not
adequate grounds for reopening a case. Therefore, in view of
the above and in the absence of new and relevant evidence, we
find no basis to reconsider the applicants request.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03646 in Executive Session on 25 Mar 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit D. Record of Proceedings, dated 8 Jul 13,
w/Exhibits.
Exhibit E. Letter, Counsel, dated 15 Aug 13, w/atchs.
Panel Chair
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