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

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03002-2
		INDEX CODE:  137.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

In the applicant’s request for reconsideration, he requests his record be corrected to reflect his former spouse as the eligible Survivor Benefit Program (SBP) beneficiary as dictated in his divorce decree.

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STATEMENT OF FACTS:

The applicant retired on 1 August 1989.  He and his former spouse were married on 4 April 1970.  The applicant elected spouse and child coverage based on full retired pay prior to his retirement.  The parties’ divorced in 1994, and the Qualified Domestic Relations order incorporated in the divorce decree, ordered that SBP continue for former spouse as the eligible beneficiary.  However, the applicant’s final divorce decree was not included with his application and neither party submitted a valid election within one year of their divorce.  The applicant remarried on 12 May 1995, and on 26 April 2001 he requested DFAS remove his former spouse and add his current wife to the Plan.  DFAS complied with his request, but has not yet refunded any SBP premiums to the applicant.

On 30 March 2005, the Board considered and denied the applicant’s request for former spouse SBP coverage.  For an accounting of the Board’s consideration of this case see the Record of Proceedings at Exhibit E.

On 15 January 2006, the applicant submitted the instant request for reconsideration on a DD 149.  To support his request, the applicant submitted a notarized statement from his current spouse relinquishing her rights as the eligible SBP beneficiary.  The applicant’s complete submission is at Exhibit F.

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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 since been presented to demonstrate the existence of an injustice.  The newly submitted evidence indicates the applicant did not intentionally violate his divorce decree by requesting a change of SBP beneficiary to his current spouse.  He has provided a signed, notarized statement from his current spouse that corroborates his claim that his actions were unintentional, and her agreement, not to reelect SBP coverage for his current spouse.  In view of the above, the provisions of the divorce decree, and the fact the applicant’s current spouse has provided a notarized signed statement relinquishing her potential entitlement to the SBP, we believe the applicant’s records should 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 2 August 1994, he elected former spouse coverage under the Survivor Benefit Plan (SBP) based on full retired pay, naming as the former spouse beneficiary.

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The following members of the Board considered this application in Executive Session on 8 March 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-03002-2.

	Exhibit E.  Record of Proceedings, dated 12 April 2005, with
	            Exhibits.
	Exhibit F.  DD 149 dated 15 Jan 06 with attachments.

		

AFBCMR BC-2004-03002-2

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 2 August 1994, he elected former spouse coverage under the Survivor Benefit Plan (SBP) based on full retired pay, naming as the former spouse beneficiary.