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AF | BCMR | CY2000 | 9703330
Original file (9703330.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  97-03330
            INDEX NUMBER:  137.01
            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant is the widow of the  former  servicemember  who  requests
corrective action that would entitle her to a Survivor Benefit Plan
(SBP) annuity.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Her name was to replace her step-son’s when his  name  was  removed
because of age.

Applicant’s complete statement and documentary evidence in  support
of her appeal are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The former servicemember retired for disability on 19  March  1968.
He elected full spouse and child coverage during  the  initial  SBP
open enrollment period authorized by Public Law (PL) 92-425 (21 Sep
72 - 20 Mar 74).   Spouse  coverage  and  premiums  were  suspended
Jan 80 due to the loss of the spouse beneficiary.  He  married  the
applicant on 14 August  1981;  however,  there  is  no  record  the
finance center  was  advised  so  that  spouse  coverage  could  be
reinstated on her behalf.  The youngest child lost  eligibility  in
Jun 83 and all SBP premiums were suspended.  The servicemember died
on 5 August 1985, but the applicant  did  not  apply  for  the  SBP
annuity within the time provided by the statute.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR reviewed this application and stated  that  because  the
applicant’s eligibility was established on the first anniversary of
the marriage, a record correction is not necessary.   Because  more
than six years elapsed between the former servicemember’s death and
the applicant’s application for the annuity, the claim is barred by
the six-year statute of limitations.

The complete 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 30 March 1998 for review and comment within 30 days.  Except for
a request for an extension of  time  to  respond  to  the  advisory
opinion, 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   to
demonstrate the existence of probable error or injustice warranting
corrective action.  In this regard, we note that the applicant  and
the former servicemember were married on 14 August  1981;  however,
there is no  record  that  the  former  servicemember  advised  the
finance center of the marriage so that  spouse  coverage  could  be
reinstated on the applicant’s behalf.  Nevertheless, she became the
eligible beneficiary on the first anniversary  of  their  marriage.
The former servicemember died on 5 August 1985; however,  there  is
no evidence of record  that  the  applicant  applied  for  the  SBP
annuity within the six-year time period provided  by  the  statute.
Therefore, in view of the foregoing, and in the absence of evidence
showing that the applicant submitted a  valid  application  to  the
appropriate officials for the SBP annuity within the required  time
period provided by statute, we conclude that there is no basis upon
which to recommend favorable action on her request.

___________________________________________________________________

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 20 April 2000, under the provisions of AFI 36-
2603:

      Mrs. Barbara A. Westgate, Panel Chair
      Ms. Kathy L. Boockholdt, Member
      Mr. Mike Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Oct 97, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 16 Mar 98, w/atch.
    Exhibit D.  Letter, SAF/MIBR, dated 30 Mar 98.
    Exhibit E.  Letter, Applicant, dated 14 Apr 98
    Exhibit F.  Letter, AFBCMR, dated 22 Apr 98.
    Exhibit G.  Letters, AFBCMR, dated 9 Jul 98 and 10 Dec 99.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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