ADDENDUM TO 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: 

 DOCKET NUMBER: BC-2011-00044 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

Her deceased spouse’s record be changed to show he elected spouse 
only coverage under the Survivor Benefit Plan (SBP). 

 

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STATEMENT OF FACTS: 

 

On 30 August 2011, the Board considered and denied the 
applicant’s appeal. For an accounting of the facts and 
circumstances surrounding the applicant’s appeal and the 
rationale of the earlier decision by the Board, see the Record of 
Proceedings, with attachments, at Exhibit E. 

 

In a letter dated 21 November 2011, the applicant submitted a 
request for reconsideration stating that her deceased spouse’s 
declination was not valid based on the fact that he was not of 
sound mind. Nothing was explained to her by military personnel 
or her former husband. Her signature was not witnessed and she 
never received counseling. Her deceased spouse’s decision 
regarding her and their daughter was erratic, abusive and 
impulsive and abnormal for years which forced her from a marriage 
of chaos, fear and unpredictable behaviors on his part. He was 
seen by a psychiatrist and hospitalized for a second suicide 
attempt. Due to his mental condition and prescription drug 
abuse, he was unable to make good choices. She was kept in the 
dark regarding financial matters, including possible benefits. 

 

In support of the applicant’s appeal, she provides a personal 
statement, letters of support, police report, and page 2 of DD 
Form 2656, Data for Payment of Retired Personnel, and other 
documentation. 

 

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

 

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AIR FORCE EVALUATION: 

 

ARPC/JA recommends denial. JA states that unfortunately, the 
evidence the applicant presents indicates the former service 
member understood his actions well enough at the time he declined 
coverage to manipulate others and lie convincingly to get what he 
wanted. It appears he thoroughly understood the likely 
consequences of his actions and took reasonable steps to obtain 
what he wanted. It is a perfectly rational (although selfish) 
choice to deprive one’s wife of SBP coverage if one would rather 
have the entirety of one’s retirement available to oneself during 
one’s lifetime. Rather than an incompetent person at the time he 
made his elections, the documents indicate he had become an 
immoral person. Immorality does not make someone incompetent to 
sign a contract. Because the documents presented fail to show 
that at the time the service member made the decision he did not 
understand the nature and consequences of his actions, or was 
unable to act in a reasonable manner in regard to the 
transaction, relief is not warranted. 

 

The JA complete evaluation is at Exhibit G. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 30 April 2012, copies of the evaluations were forwarded to the 
applicant for review and response within thirty (30) days 
(Exhibit H). As of this date, no response has been received by 
this office. 

 

_________________________________________________________________ 

 

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. Insufficient relevant evidence has been presented again to 
demonstrate the existence of an error or an injustice. After 
thoroughly reviewing the additional documentation submitted in 
support of this appeal and the evidence of record, we agree with 
the opinion and the recommendation of the staff judge advocate 
and adopt his rationale as the basis for our conclusion the 
applicant has failed to sustain her burden of proof of the 
existence of an error. Therefore, in the absence of evidence to 
the contrary, we again find no basis to recommend granting the 
relief sought in this application. 


 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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-2011-00044 in Executive Session on 15 August 2012, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-00044 was considered: 

 

 Exhibit E. Record of Proceedings, dated 14 September 2011, 

 w/atchs. 

 Exhibit F. Letter, Applicant, dated 21 November 2011, w/atchs. 

 Exhibit G. Letter, ARPC/JA, dated 25 April 2012. 

 Exhibit H. Letter, SAF/MRBR, dated 30 April 2012.