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

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02555-2

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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The application for correction of the records of APPLICANT was submitted by his former spouse.

APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, she requests corrective action that would entitle her to an annuity under the Survivor Benefit Plan (SBP).
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STATEMENT OF FACTS:

The applicant and former member were married on 19 March 1966.  Prior to his 1984 retirement, he elected spouse only coverage based on a reduced level of retired pay.  The applicant and former member were divorced on 5 October 1987 and the divorce decree indicates the former member agreed to retain the applicant (Sue) as sole beneficiary of the widow’s annuity benefit.  The former member was remarried on 24 December 1987 to T--- S---.

A similar appeal was considered and denied by the Board on 30 March 2005.  A summary of the evidence considered by the Board and the rationale for its decision is set forth in the Record of Proceedings, which is attached at Exhibit D.

On 24 June 2005, the applicant submitted a request for reconsideration, contending that she was married to the former member while he was in the Air Force for over 21 years.  The former member remarried three years after he retired from the Air Force.  She has provided a notarized Affidavit signed by the former member’s widow relinquishing her entitlement/claim to the SBP annuity and granting the annuity in her favor.  To support this assertion, the applicant provided a personal statement, a notarized Affidavit and a voided check.  The applicant’s complete submission, with attachments, is at Exhibit E.
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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 reviewing the applicant’s submission and the evidence of record, we are persuaded that relief is warranted.  After thoroughly reviewing the circumstances of this case, it is our opinion that the former spouse should receive the SBP annuity to comply with the divorce decree and settlement agreement awarding the asset to her by the court.  We note the widow has provided a notarized statement relinquishing her entitlement to the SBP.  We are persuaded by the evidence presented that it was the applicant’s intent to provide his former spouse the SBP annuity and satisfied that his widow is fully aware she is relinquishing her entitlement to the annuity.  Therefore, we recommend his records be corrected to the extent indicated below.
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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, on 6 October 1987, he changed his Survivor Benefit Plan (SBP) election from spouse to former spouse, based on a previous reduced level of retired pay, naming XXXXXX as the former spouse beneficiary.
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The following members of the Board considered this application in Executive Session on 18 October 2005, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02555.

	Exhibit D.  Record of Proceedings, dated 29 Apr 05,
                with Exhibits.
	Exhibit E.  Applicant’s Letter, dated 24 Jun 05, with 
                attachments.

AFBCMR BC-2004-02555-2

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 APPLICANT, be corrected to show that, on 6 October 1987, he changed his Survivor Benefit Plan (SBP) election from spouse to former spouse, based on a previous reduced level of retired pay, naming XXXXX as the former spouse beneficiary.