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AF | BCMR | CY1999 | 9900094
Original file (9900094.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 99-00094
                 137.02
       (Deceased)      COUNSEL:  None

                 HEARING DESIRED:  Yes
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s records be corrected to show he elected spouse only
coverage in the Reserve Component Survivor Benefit Plan  (RCSBP)  when
he was first eligible.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her late husband did not inform her of any type of RCSBP that  he  was
entitled to after completing 20 years of satisfactory service. She did
not have a chance to review any type of package from HQ ARPC/DPAR  and
concur with it.

Her complete submission, with attachment, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

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.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The Deputy Director of Customer Assistance, HQ ARPC/DR,  reviewed  the
appeal and advises a  certified  package  was  sent  to  the  deceased
member’s home address in Philadelphia, PA. The package was signed  for
on 23 August 1994. Since he did not  return  an  RCSBP  election,  his
spouse was not required to concur or receive notification of his  non-
response. Denial is recommended.

A copy of the complete Air Force evaluation, with  attachment,  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded that the certified package was mailed to their
old address. She and her late husband bought a house  in  Willingboro,
NJ, on 10 December 1993 and moved immediately thereafter. Her  husband
did not sign for the package; the signature is from the person who  is
living in their old house.  She  provides  a  copy  of  the  new  home
purchase and insurance papers.

Her complete rebuttal, with attachments, is at Exhibit E.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough  review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that her late husband’s records should reflect  election  of
spouse only coverage in the RCSBP when  he  was  first  eligible.  The
RCSBP eligibility package was  mailed  to  the  decedent’s  then-known
address in Philadelphia in August 1994. The  applicant  contends  they
had moved to New Jersey and someone else signed the receipt  at  their
old house in  Philadelphia.   However,  this  does  not  constitute  a
mitigating factor warranting relief. On the contrary, for  it  is  the
responsibility of each member to keep  his  service  apprised  of  his
latest address. We note the decedent and his wife applied for  a  loan
for the New Jersey house in October 1993, and the house was  purchased
in December 1993. This gave both parties ample time to advise the  Air
Force Reserves and/or other appropriate agencies of their new address,
as it was their responsibility to do.  The  applicant’s  circumstances
are regrettable; however, as she has failed to sustain her  burden  of
having suffered either an error or an injustice, we cannot hold anyone
else culpable. In view of the above and absent persuasive evidence  to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought.

4.    The documentation provided with this case was sufficient to give
the Board a clear understanding of the issues involved and a  personal
appearance, with or without legal counsel, would not  have  materially
added to that understanding.  Therefore, the request for a hearing  is
not favorably considered.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that 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  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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 Jan 99, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ ARPC/DR, dated 3 Feb 99, w/atch.
   Exhibit D.  Letter, AFBCMR, dated 22 Feb 99.
   Exhibit E.  Letter, Applicant, dated 3 Mar 99.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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