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

IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-00195
		
(DECEASED)				COUNSEL:  

(APPLICANT)				HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her late former spouse’s records be corrected to show that she is the former spouse beneficiary under the Survivor Benefit Plan (SBP).

APPLICANT CONTENDS THAT:

On 17 Feb 15 and 8 Jun 15, the Board considered and denied a similar appeal.  The Air Force OPR recommended the former member's record be corrected to reflect that on 19 May 99, he elected to change SBP spouse to former spouse coverage based on full retired pay, naming the applicant as the former spouse beneficiary.  However, the Board determined the applicant had not demonstrated extraordinary circumstances existed that were required to grant relief in cases of competing interest.  The Board further noted it would only consider favorable action on the request if the former member’s heirs were to provide a notarized consent relinquishing their entitlement to the Arrears of Pay (AOP).  For an accounting of the facts and circumstances surrounding her previous request, and the rationale for the earlier decision by the Board, see the Record of Proceedings at Exhibit F.

By DD Form 149, dated 20 Jul 15, through counsel, the applicant requests reconsideration for former spouse coverage based on new evidence in the form of notarized consent from the former member’s heirs relinquishing any right they may have to the AOP.  The applicant also provides a copy of the divorce decree that ordered the decedent to continue her as the SBP beneficiary.

The applicant’s complete submission, with attachments, is at Exhibit G.

THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After thoroughly reviewing the evidence of record, we believe that the former member’s records should be corrected to reflect that he elected former spouse coverage under the SBP within the required timeframe.  We note that in an earlier finding, the Board determined there was insufficient evidence to warrant corrective action due to competing interest.  However, the former member’s heirs have all provided notarized affidavits relinquishing any entitlement to the AOP.  Therefore, it is our opinion the former spouse should receive the SBP annuity based on full retired pay to comply with the divorce decree awarding the asset to her by the court.  Accordingly, we recommend the former 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 MEMBER be corrected to show that on 19 May 99, he elected former spouse coverage under the Survivor Benefit Plan (SBP) based on full retired pay, naming APPLICANT as the former spouse beneficiary.  Approval should be contingent upon recovery of any applicable premiums.  

The following members of the Board considered AFBCMR Docket Number BC-2014-00195 in Executive Session on 12 May 16, 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 F.  Record of Proceeding, dated 10 Jun 15, w/Exhibits
 A thru –E.
	Exhibit G.  DD Form 149, dated 20 Jul 15, w/atchs.