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AF | BCMR | CY2000 | 9900488
Original file (9900488.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00488
            INDEX CODE: 137.01

       (DECEASED)      COUNSEL:  None

            HEARING DESIRED: No

APPLICANT REQUESTS THAT:

Her late husband’s records be corrected  to  show  that  he  elected
Survivor Benefit Plan (SBP) coverage for her.

APPLICANT CONTENDS THAT:

Her late husband was not informed of the necessary enrollment in SBP
to  ensure  stabilization  of  income  for  widow.   He  would  have
voluntarily done so if properly informed.

Applicant's complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

The deceased member and the applicant married on 5 Apr 54.  Prior to
his retirement on 1 Jan 69, he completed a DD  Form  418  (Data  for
Payment of Retired Armed Forces Personnel)  indicating  he  did  not
elect Retired Serviceman’s Family Protection Plan (RSFPP).

On  12 Jun  73,  the  deceased  member  submitted  an  SBP  election
statement during the initial enrollment period, declining  coverage.
There is no evidence he responded to the  two  subsequent  SBP  open
enrollment periods.  He died on 4 Jun 97.

The RSFPP required members to  make  their  RSFPP  elections  before
completing 18 years of service.  Spouse notification or  concurrence
was not required.  The RSFPP has several unattractive  features  and
less than  15  percent  of  members  retired  during  its  existence
enrolled.

Public  Law  (PL)  92-425,  which  established  SBP  on  21 Sep  72,
authorized an 18-month enrollment  period  for  retired  members  to
elect SBP coverage.  PLs 97-35 and 101-189 authorized two additional
open enrollment periods:  1 Oct 81 - 30 Sep 82 and 1 Apr 92 – 31 Mar
93, respectively.  During all open enrollment periods, members  were
advised by direct mail of their eligibility  to  make  an  election.
The enrollment packets, as well as the Afterburner,  USAF  News  for
Retired Personnel, published during those timeframes, were  sent  by
direct mail to the member’s correspondence address maintained by the
finance center and contained points of contact for members to use to
gain additional information.

AIR FORCE EVALUATION:

The Retiree Services Branch, AFPC/DPPTR, reviewed  this  application
and indicated that microfiche records verify SBP enrollment  packets
and newsletters  were  mailed  to  the  decedent’s  address  he  had
provided to the finance center at the time and neither were returned
for incorrect address.  SBP is similar to commercial life  insurance
in that  an  individual  must  elect  to  participate  and  pay  the
associated  premiums  in  order  to  have  coverage.   It  would  be
inequitable to those members who chose to participate when  eligible
and subsequently received reduced retired pay, and to  other  widows
whose sponsors chose not to participate, to provide  entitlement  to
this widow on the basis of the evidence presented.  DPPTR recommends
relief 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  her
deceased husband drank all the time they were married.   She  really
believes that his mind was going.  She gets only $600  a  month  and
that does not pay many bills.

In further support of her appeal, applicant submits a statement from
her daughter, brother-in-law, and a Medical Discharge Summary.

Applicant's complete response,  with  attachments,  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  records
should be corrected to show that he elected SBP  coverage  for  her.
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 2 Feb 98, w/atchs.
     Exhibit B.  Letter, AFPC/DPPTR, dated 1 Jul 99.
     Exhibit C.  Letter, AFBCMR, dated 26 Jul 99.
     Exhibit D.  Letter fr applicant, undated, w/atchs.



                                   BARBARA A. WESTGATE
                                   Panel Chair

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