ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01544 XXXXXXX (DECEASED) COUNSEL: NONE APPLICANT: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be entitled to benefits under the Survivor Benefit Plan (SBP). ________________________________________________________________ STATEMENT OF FACTS: On 19 Dec 12, the Board considered and denied a similar appeal. For an accounting of the facts and circumstances surrounding the applicant’s request that she be entitled to the SBP, and, the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit E. The applicant requests reconsideration because the decedent left her in financial distress and she is the one that took care of him for the last 23 years. In support of her appeal, she provides a personal statement; copies of DD Forms 1173, United States Uniformed Service Identification Privilege Card, (ID Card) for her and the surviving children; letter from the servicing Department of Veterans Affairs (DVA) office; letters of support from her church pastor and members; decedent’s death certificate (sealed) and various other documents. The applicant’s complete submission, with attachments, is at Exhibit F. ________________________________________________________________ THE BOARD CONCLUDES THAT: After again reviewing this application and the evidence provided in support of the appeal, we do not find that a revision of the earlier determination in this case is warranted. In an earlier decision, the applicant was advised of her right to request reconsideration. However, since the former spouse made a deemed election within the one year following divorce, she should have also been advised that the Board was/is without authority to correct the record. If the applicant still believes she is entitled to the SBP, we believe the court system is the appropriate venue to pursue the relief she is seeking. In view of the above and in the absence of evidence to the contrary, this Board lacks the authority to favorably consider this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-01544 in Executive Session on 25 March 2014 and 11 April 2014, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence was considered: Exhibit E. Record of Proceedings, dated 7 Jan 13, with Exhibits. Exhibit F. Applicant’s DD Form 149, dated 19 Feb 13, with attachments. Vice Chair