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AF | BCMR | CY2000 | 9900336
Original file (9900336.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00336
            INDEX CODE: 137.04

       (DECEASED)      COUNSEL:  None

            HEARING DESIRED: Not indicated

APPLICANT REQUESTS THAT:

Her late husband’s records be modified to allow  his  participation
in the Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT CONTENDS THAT:

Upon her late husband’s retirement, he completed the  SBP  Election
Certificate and elected Option A to decline to make an election  at
that time, but to remain eligible to make an election for  coverage
at age 60.  Her late husband never had an opportunity at age 60  to
make an election under Option A of the SBP.  On 3 Aug 97,  14  days
prior to  his  59th  birthday,  he  was  diagnosed  with  incurable
pancreatic cancer that spread to his liver.  He died on 3 Oct 97 at
the age of 59, two months from the date of the original  diagnosis.
It is her opinion that her late husband signed Option A not knowing
the legal and financial ramifications of that election  and  if  he
truly understood them, she is sure he would never have elected  the
option that would negatively impact his family.

Applicant's complete submission is attached at Exhibit A.


STATEMENT OF FACTS:

On 2 Oct 79, the  member  elected  Option A  (decline  to  make  an
election until age 60).  At that time, the member was not  married;
however, he did have a dependent child that was still  eligible  to
be named as the beneficiary of his RCSBP.

On 3 Oct 97, the member died at age 59.

Section 1448(a)(2)(b), Title 10, United States Code  (USC),  states
that when a member elects Option A, he cannot make another election
until age 60.

AIR FORCE EVALUATION:

The  Deputy  Director,  ARPC/DR,  reviewed  this  application   and
indicated that the RCSBP  package  sent  to  the  member  contained
detailed information and was sufficient for the member to  make  an
informed decision.   The  applicant  states  that  prior  to  their
remarriage in 1995, she was in possession of a power  of  attorney,
allowing her to make or  amend  any  and  all  financial  documents
impacting the family.  The power of attorney is irrelevant in  this
matter, as an election could  not  be  made  prior  to  the  member
reaching age 60.  DR recommends relief be denied.

A complete  copy  of  the  Air  Force  evaluation  is  attached  at
Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and submits a statement
and documentation through her  congressional  representative.   She
states that it is important to note that at the time  of  her  late
husband’s honorable discharge from the Air Force, they were legally
divorced.  They were married in 1957, had three children  together,
divorced in  1963  and  subsequently  remarried  on  26  May  1995.
However, during the period from 1963 through 1995, they  were  only
living apart for two out of the 32 years.

Applicant's complete response, with  attachments,  is  attached  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 be modified  to  allow  participation  in  the  RCSBP.   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.

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 1 Feb 99, w/atchs.
     Exhibit B.  Member’s Master Personnel Records.
     Exhibit C.  Letter, ARPC/DR, dated 25 Mar 99.
     Exhibit D.  Letter, AFBCMR, dated 5 Apr 99.
     Exhibit E.  Letter fr C/M, dated 9 Jun 99, w/atchs.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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