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

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-00692
		COUNSEL:  NONE
		HEARING DESIRED:  NO
		

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APPLICANT REQUESTS THAT:

His election under the Survivor Benefit Plan (SBP) be 
terminated.

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STATEMENT OF FACTS:

On 14 Dec 11, the applicant applied to the AFBCMR requesting his 
election under the SBP be terminated.  On 27 Nov 12, the Board 
considered and denied the applicant’s request.  For a full 
accounting of the facts surrounding his previous request and the 
rationale of the Board’s earlier decision, see the Record of 
Proceedings at Exhibit D.

By letters, dated 6 Nov 12 and 22 Nov 12, the applicant 
submitted additional information for consideration.  These 
letters were not received in time for consideration by the 27 
Nov 12 Board.  Accordingly, they are now considered requests for 
reconsideration.  In these letters, the applicant provided a 
copy of his former spouse’s death certificate not previously 
provided to the Board.  Based on his former spouse’s death, he 
believes the SBP coverage should be terminated.  

In support of his request, the applicant provides two personal 
statements, copies of emails, memorandums, DD Form 2656-2, 
Survivor Benefit Plan (SBP) Termination Request, and his former 
spouse’s death certificate.

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

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AIR FORCE EVALUATION:

AFPC/DPFFF recommends approval.  DPFFF states that due to the 
death of the applicant’s former spouse and absent a competing 
claimant, it would be appropriate to correct the applicant’s 
record to reflect he submitted a valid request to terminate 
spouse coverage effective 31 Aug 11, under the provisions of 
Public Law 105-85. 


The complete DPFFF evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 25 Apr 13, for review and comment within 30 days.  
As of this date, this office has received no response (Exhibit 
G).

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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 been presented to 
demonstrate the existence of error or injustice.  After a 
thorough review of the facts and circumstances of this case, we 
agree with recommendation of the Air Force office of primary 
responsibility and adopt the rationale expressed as the basis 
for our decision the applicant’s records should be corrected to 
reflect that he submitted a valid request to terminate SBP 
coverage.  Therefore, in the interest of justice, we recommend 
his records be corrected as 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 31 
August 2011, he submitted a valid request to terminate spouse 
coverage under the Survivor Benefit Plan (SBP). 

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The following members of the Board considered this in Executive 
Session on 30 Sep 13, under the provisions of AFI 36-2603:

			Panel Chair
      Member
	Member





All members voted to correct the record as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-00692 was considered:

    Exhibit D.  Letters, Applicant, dated 6 and 22 Nov 12, 
                w/atchs.
    Exhibit E.  Record of Proceeding, dated 29 Nov 12, w/atchs.
    Exhibit F.  Letter, AFPC/DPFFF, dated 23 Apr 13.
    Exhibit G.  Letter, SAF/MRBC, dated, 25 Apr 13.




                                   
                                   Panel Chair

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