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AF | BCMR | CY1999 | 9701560
Original file (9701560.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  97-01560
            INDEX NUMBER:  137.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant requests corrective action to the  deceased  servicemember’s
records to reflect that she is his legal widow and is  entitled  to  a
Survivor Benefit Plan (SBP) annuity.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letter prepared  by
the appropriate office of the Air  Force  (Exhibit  C).   Accordingly,
there is no need to recite these facts in this Record of Proceedings.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR  reviewed  this  application  and  recommended  denial.   A
complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
14 September 1998 for review and comment within 30 days.  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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting corrective action.
 We recognize that the applicant did not  provide  evidence  that  the
former servicemember’s  common-law  marriage  was  legally  dissolved.
However, after reviewing the evidence presented, it appears  that  the
common-law spouse, who has since remarried, believed that  the  former
servicemember had taken  action  to  have  their  common-law  marriage
dissolved.  In our opinion, we believe that the  applicant’s  marriage
to the former servicemember was made in good faith.  Furthermore,  the
evidence provided  by  the  applicant  indicates  that  they  remained
married until his death on 27 April 1994.  Based on the foregoing, and
having  no  reason  to  question  the  contents  of  the   applicant’s
supporting documents, we therefore conclude that the applicant has met
the requisite criteria as  an  eligible  beneficiary  for  a  Survivor
Benefit Plan annuity.  Accordingly, we recommend that the  records  be
corrected as indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he was married to ----
 on 30 November 1974; their marriage  was  terminated  on  16  October
1980; the Survivor Benefit Plan (SBP) spouse coverage was suspended on
16 October 1980; he married [APPLICANT] on 17 October 1980;  and,  the
SBP spouse coverage was reestablished effective 17 October 1981.

___________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 May 1999, under the provisions of AFI 36-2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Ms. Ann L. Heidig, Member
      Mr. Mike Novel, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:




     Exhibit A.  DD Form 149, dated 12 May 97, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPTR, dated 1 Sep 98, w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 14 Sep 98.




                                   BARBARA A. WESTGATE
                                   Panel Chair



AFBCMR 97-01560




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to [former servicemember], be corrected to show that he was
married to ---- on 30 November 1974; their marriage was terminated on 16
October 1980; the Survivor Benefit Plan (SBP) spouse coverage was
suspended on 16 October 1980; he married [applicant] on 17 October 1980;
and, the SBP spouse coverage was reestablished effective 17 October 1981.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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