ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04726 COUNSEL: NONE (FORMER SERVICE MEMBER) HEARING DESIRED: NO (APPLICANT) APPLICANT REQUESTS THAT: The former service member’s records be corrected to reflect he made a timely election for former spouse coverage. STATEMENT OF FACTS: A similar appeal was considered and denied by the Board on 21 Sep 12. The Board found there was no evidence showing a deemed election was submitted within one year following their divorce and the current spouse became the eligible beneficiary by operation of law. There was no evidence showing that extraordinary circumstances existed to warrant granting relief without confirming there was not a competing spouse. The Board further noted it would only consider favorable action on the request if the current spouse provided notarized consent relinquishing her entitlement to the benefit. For an accounting of the facts and circumstances surrounding his request, and the rationale for the earlier decision by the Board, see the Record of Proceedings, with attachments, at Exhibit F. The applicant (former spouse) is now requesting reconsideration for former spouse coverage based on a Mediated Settlement Agreement, which included a DD Form 2656, from the former service member’s current spouse indicating she was not interested in being the designated eligible spouse regarding the SBP (Exhibit G). On 12 Aug 14, SAF/MRBR notified the former service member that he needed to complete a signed notarized retiree affidavit, his current spouse needed to complete a signed notarized release of benefits affidavit, and his former needed to complete a signed notarized marital status affidavit (Exhibit H). On 5 Sep 14, the former service member provided the signed notarized retiree affidavit and his current spouse’s signed notarized release of benefits affidavit (Exhibit I). On 19 Nov 14, the applicant provided a signed notarized marital status affidavit. The former service member also provided a statement requesting his former spouse be deemed his beneficiary under the SBP (Exhibit J). 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, his current spouse, and the former spouse (applicant) have all provided notarized statements that are sufficient for us to conclude that there is not a competing beneficiary that would preclude this Board from recommending correction of the service member’s records to reflect he made a proper and timely election for former spouse coverage. Therefore, while there is no evidence of an error on the part of the Air Force, we believe the evidence is sufficient to conclude the applicant is the victim of an injustice. 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 31 August 2004, he elected former spouse coverage under the Survivor Benefit Plan (SBP) based on full retired pay, naming APPLICANT as the former spouse beneficiary. The following members of the Board considered AFBCMR Docket Number BC-2011-04726 in Executive Session on 17 Feb 15 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-2011-04726 was considered: Exhibit F. Record of Proceedings, dated 21 Sep 12, w/Exhibits. Exhibit G. Letter, Applicant, dated 6 May 14, w/atchs. Exhibit H. Letter, SAF/MRBR, dated 12 Aug 14, w/atchs. Exhibit I. Letter, Former Service Member, dated 5 Sep 14, w/atchs. Exhibit J. Letter, Applicant, dated 19 Nov 14, w/atchs.