ADDENDUM RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-00692
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His election under the Survivor Benefit Plan (SBP) be
terminated.
________________________________________________________________
_
STATEMENT OF FACTS:
On 14 Dec 11, the applicant applied to the AFBCMR requesting his
election under the SBP be terminated. On 27 Nov 12, the Board
considered and denied the applicants request. For a full
accounting of the facts surrounding his previous request and the
rationale of the Boards earlier decision, see the Record of
Proceedings at Exhibit D.
By letters, dated 6 Nov 12 and 22 Nov 12, the applicant
submitted additional information for consideration. These
letters were not received in time for consideration by the 27
Nov 12 Board. Accordingly, they are now considered requests for
reconsideration. In these letters, the applicant provided a
copy of his former spouses death certificate not previously
provided to the Board. Based on his former spouses death, he
believes the SBP coverage should be terminated.
In support of his request, the applicant provides two personal
statements, copies of emails, memorandums, DD Form 2656-2,
Survivor Benefit Plan (SBP) Termination Request, and his former
spouses death certificate.
The applicants complete submission, with attachments, is at
Exhibit E.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPFFF recommends approval. DPFFF states that due to the
death of the applicants former spouse and absent a competing
claimant, it would be appropriate to correct the applicants
record to reflect he submitted a valid request to terminate
spouse coverage effective 31 Aug 11, under the provisions of
Public Law 105-85.
The complete DPFFF evaluation is at Exhibit F.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 25 Apr 13, for review and comment within 30 days.
As of this date, this office has received no response (Exhibit
G).
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the facts and circumstances of this case, we
agree with recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis
for our decision the applicants records should be corrected to
reflect that he submitted a valid request to terminate SBP
coverage. Therefore, in the interest of justice, we recommend
his 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 31
August 2011, he submitted a valid request to terminate spouse
coverage under the Survivor Benefit Plan (SBP).
________________________________________________________________
_
The following members of the Board considered this in Executive
Session on 30 Sep 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the record as recommended. The
following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00692 was considered:
Exhibit D. Letters, Applicant, dated 6 and 22 Nov 12,
w/atchs.
Exhibit E. Record of Proceeding, dated 29 Nov 12, w/atchs.
Exhibit F. Letter, AFPC/DPFFF, dated 23 Apr 13.
Exhibit G. Letter, SAF/MRBC, dated, 25 Apr 13.
Panel Chair
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AF | BCMR | CY2014 | BC 2014 00712
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