ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
HEARING DESIRED: NO
DOCKET NUMBER: BC-2012-00130
COUNSEL: NONE
IN THE MATTER OF:
(FMR SERVICE MEMBER)
(APPLICANT)
______________________________________________________________
APPLICANT REQUESTS THAT:
Her former-spouse’s 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
25 Oct 12. While the Air Force office of primary responsibility
recommended that relief be granted in the interest of justice,
the Board found that it would not be appropriate to do so in the
absence of documentation confirming there was not a competing
beneficiary of the SBP benefits. As such, the Board denied the
applicant’s request until such time as she could provide
conclusive evidence there was no competing party. For an
accounting of the facts and circumstances surrounding the
applicant’s request, and the rationale for the earlier decision
by the Board, see the Record of Proceedings, with Exhibits, at
Exhibit G.
By virtue of a letter, dated 28 Nov 12, the former service member
has submitted a notarized statement stating he has not remarried
and wishes his former spouse receive the SBP annuity (Exhibit H).
_________________________________________________________________
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 has since provided a notarized statement indicating there
is no competing spouse. Therefore we believe sufficient evidence
has been provided reflecting the applicant’s entitlement to
former spouse coverage under the SBP. 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 1 February 2009, he elected former spouse coverage under the
Survivor Benefit Plan (SBP) based on full retired pay, naming the
APPLICANT as the eligible beneficiary.
______________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00130 in Executive Session on 2 January 2013,
under the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2012-00130 was considered:
Exhibit G. Record of Proceedings, dated 31 Oct 12,
Exhibit H. Reconsideration Request, dated 28 Nov 12,
Panel Chair
Member
Member
w/Exhibits.
w/atchs.
Panel Chair
2
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