ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00742
		INDEX NUMBER:  137.04

		COUNSEL:  XXXXX

		HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP).

___________________________________________________________________

RESUME OF CASE:

On 30 Mar 05, the Board considered and denied the applicant’s request to correct his records to show he filed a timely election for former spouse coverage under the Survivor Benefit Plan (SBP).  The Board further noted if the applicant’s current spouse provided a notarized statement relinquishing her potential entitlement to the SBP annuity, they would be willing to reconsider the applicant’s request.  For an accounting of the facts and circumstances surrounding the application, and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit D.

Applicant provided a notarized statement from his current spouse relinquishing her entitlement to the SBP annuity (Exhibit E).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  After careful consideration of the applicant’s most recent submission, we believe that his former spouse should be designated as the eligible beneficiary for his Survivor Benefit Plan (SBP) annuity.  In this respect, we note the applicant’s current spouse has provided a notarized statement relinquishing her potential entitlement to the SBP.  It is our opinion the applicant intended to provide his former spouse the SBP annuity as agreed in their divorce decree and we are satisfied his current spouse is fully aware she is relinquishing her entitlement to the annuity.  Therefore, we recommend that the applicant’s records be corrected as indicated below.

2.  We note that applicant’s current spouse has requested that she retain the SBP if the former spouse becomes ineligible for the benefits.  Should the former spouse become an ineligible beneficiary, the applicant retains the right to submit a request to the Defense Finance and Accounting Service – Denver Center requesting SBP coverage be established in his current spouse’s behalf.  By operation of law, the coverage does not automatically revert to his current spouse.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to XXXXX, be corrected to show that on 3 April 1991, he elected to change his Survivor Benefit Plan (SBP) spouse and child coverage to former spouse coverage, based on full retired pay, naming XXXXX as former spouse beneficiary.

___________________________________________________________________

The following members of the Board considered Docket Number BC‑2003-00742 in Executive Session on 27 September 2005, under the provisions of AFI 36‑2603:

	Panel Chair
	Member
	Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit D.  Record of Proceedings, dated 7 Jul 05,
                w/Exhibits A through C.
    Exhibit E.  DD Form 149, with Spouse’s Letter, dated 12 Sep 05.

                                   
                                   Panel Chair

AFBCMR BC-2003-00742

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to [XXXXX], be corrected to show that on 3 April 1991, he elected to change his Survivor Benefit Plan (SBP) spouse and child coverage to former spouse coverage, based on full retired pay, naming XXXXX as former spouse beneficiary.

		
		Director
		Air Force Review Boards Agency