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AF | BCMR | CY1998 | 9703293
Original file (9703293.pdf) Auto-classification: Denied
? - I  

I 

COUNSEL:  None - 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

JUL 1 7  

IN THE MATTER OF: 

DOCKET NO:  97-03293 

HEARING DESIRED:  NO 

- 

Applicant  requests  that  the  one  year  eligibility  period  for  a 
spouse acquired after retirement be  waived  and  she be  granted a 
Survivor Benefit Plan (SBP) annuity.  Applicant's submission is at 
Exhibit A. I 
The appropriate Air Force office evaluated applicant's request and 
provided  an  advisory  opinion  to  the  Board  recommending  the 
application  be  denied  (Exhibit  C). 
The  advisory  Qpinion  was 
forwarded  to  the  applicant  for review and  response  (Exhibit D). 
As of this date, no response has been received by this office. 
After  careful  consideration  of  applicant's  request  and  the 
available  evidence  of  record, we  find  insufficient  evidence  of 
error  or  injustice  to warrant  corrective action.  The  facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebutted  by  applicant. 
Absent  persuasive  evidence applicant was  denied  rights  to  which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 
Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be  informed that this decision is final and 
will  only be  reconsidered upon  the presentation of  new  relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mr.  Henry  C.  Saunders,  Mrs.  Barbara  A. 
Westgate, and Mr. David C. Van Gasbeck considered this application 
on  16 July  1998  in  accordance  with t
the  provisio s  of  Air 1552. Force 
Instruction 36-2603 and the governing sta Ute, 

1

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.

C

-

HE RY C. SAUNDERS 
P ne1 Chair 

Exhibits: 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

DEPARTMENT OF  THE AIR  FORCE 

HEADQUARTERS AIR  FORCE  PERSONNEL CENTER 

RANDOLPH AIR  FORCE BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPPTR 

550 C Street West Ste 11 
Randolph AFB TX  78150-4713 

SUBJECT:  Application for Correction of Military Records 

Reauested Correction:  The applicant, widow of the above-named retiree, is requesting 

corrective action that would entitle her to a Survivor Benefit Plan (SBP) annuity. 

Basis for Reauest:  The applicant claims the member intended to add Survivor Benefits 

for her as soon as the year’s waiting period was up. 

Background:  The law controlling the SBP provides that a spouse acquired after a 

member retires becomes an eligible beneficiary on the first anniversary of their marriage or the 
birth of a child of the marriage, whichever is earlier. 

Facts: The member elected RSFPP child only coverage prior to his I Aug 68 retirement 

and all children lost eligibility effective Dec 70.  The member elected spouse SBP coverage 
based on full retired pay during the open enrollment period authorized by Public Law 97-35 
(31 Aug 82) and coverage and costs were suspended 1 I Oct 92 following the death of his wife. 
The applicant and the member married on  5 Dec 96 and the member died on 27 Oct 97, less 
than the time necessary for the applicant to become an eligible SBP beneficiary, 

Discussion:  While it is unfortunate the member died shortly before the annuity would  , 
have been payable, there are no provisions in law to waive the one-year eligibility period for a 
spouse acquired after retirement.  It would be contrary to the letter and intent of the law, as well 
as inequitable to other survivors similarly situated, to approve the applicant‘s request. 

Recommendation: There is no basis in law to grant relief; therefore, we recommend the 

request be denied. 

PAT PEEK, DAFC 
Chief, Retiree Services Branch 
Directorate of Pers Program Mgt 

9703293 



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