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AF | BCMR | CY2000 | 9802505
Original file (9802505.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02505
            INDEX CODE: 137.01

       (DECEASED)      COUNSEL:  None

            HEARING DESIRED: Yes


________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s military records and Defense Finance and Accounting
Service (DFAS) retired pay  records  show  that  she  is  entitled  to
receive Survivor Benefit Plan (SBP) payments.

________________________________________________________________

APPLICANT CONTENDS THAT:

She was told she would  not  receive  SBP  benefits  because  survivor
benefit premium payments had been withheld only at the children’s rate
and not at the spousal rate.   She  was  not  briefed  concerning  the
impact and importance of SBP elections nor  asked  to  sign  documents
acknowledging her rights or waiver of her rights to SBP benefits.  She
believes either an error was made by DFAS not  withholding  sufficient
premiums from her late husband’s pay for  spousal  survivor  benefits,
or,  an  injustice  occurred  because  the    AFB,   ,  SBP/retirement
counselors did not ensure she was advised of coverage election.

Applicant's complete submission is attached at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant and deceased member were married  at  the  time  of  his
1 Apr 87 retirement.

On 14 Jan 87, the member was briefed on the provisions of the SBP  and
elected child only coverage.

On 3 Mar 87, the applicant  signed  a  statement  that  she  had  been
informed of SBP options and effects  and  concurred  in  the  member’s
election to provide children only coverage.

On 19 Feb 97, the member died.

________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Retiree  Services  Branch,  AFPC/DPPTR,   reviewed   this
application and indicated that official documents on  file  show  that
the member chose to provide coverage for only his  children  and  made
premium payments based on that coverage until the youngest child  lost
eligibility effective 1 Sep 91.  Had the applicant  not  concurred  in
her husband’s decision, full SBP coverage would have been  established
on her behalf.  There is no evidence of  error  or  injustice  and  no
basis in law to provide relief; therefore, DPPTR  strongly  recommends
the request be denied.

A complete copy of the evaluation is attached at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and  states  that  the  AF
Form 694 presented as evidence is signed,  but  she  does  not  recall
signing such a form waiving her rights to survivor benefits.  She does
not recall having a counselor inform  her  of  the  options  available
under the SBP.  Part VIII - Spousal Notification of the AF Form 694 is
not completed and no counselor’s name or phone number is  given.   The
dates all seem a bit  odd,  with  none  matching.   Her  late  husband
appeared to have dated the form 14 Jan 97, and a  witness  (illegible)
signed the front with a 12 Mar 97 date indicated.  The  date  next  to
the spousal signature on the second page of the form  reads  3 Mar  97
and does not match  the  spousal  signature  style  nor  that  of  the
witness.  The spousal signature could have been forged, or, if  signed
by her, was done under  severe  duress,  but  she  honestly  does  not
remember signing away  her  rights  to  survivor  benefits  nor  being
counseled.  Her  late  husband’s  drinking  and  subsequent  abhorrent
behavior marked her children’s and her life in  ways  that  will  stay
with them always.  Her husband died at the age of 52 of liver  failure
and alcoholic liver disease.  Her late  husband’s  alcoholism,  caused
possibly by his wanting to forget his two tours in  and  the  loss  of
friends and atrocities he experienced during the war, inevitably  made
for some extremely stressful times at home.

Applicant's complete response is attached at Exhibit D.

________________________________________________________________

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 military records  and  DFAS  retired
pay records should show that she is entitled to receive SBP  payments.
Her contentions  are  duly  noted;  however,  we  do  not  find  these
assertions, in and by themselves, sufficiently persuasive to  override
the rationale provided by the Air Force.  We therefore agree with  the
recommendation of the Air Force and adopt the rationale  expressed  as
the basis for our decision that the applicant has  failed  to  sustain
her burden that she has suffered either  an  error  or  an  injustice.
Therefore, we find no  compelling  basis  to  recommend  granting  the
relief sought.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance, with or without  counsel,  will
add to our understanding of the  issue(s)  involved.   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 20 April 2000, under the provisions of Air  Force
Instruction 36-2603:

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

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Aug 98, w/atchs.
     Exhibit B.  Letter, AFPC/DPPTR, dated 9 Apr 99.
     Exhibit C.  Letter, AFBCMR, dated 26 Apr 99.
     Exhibit D.  Letter fr applicant, dated 27 Jun 99.



                                   BARBARA A. WESTGATE
                                   Panel Chair

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