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AF | BCMR | CY2000 | 9903266
Original file (9903266.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-03266
            INDEX NUMBER:  137.01


            COUNSEL:


            HEARING DESIRED:  YES

Applicant  requests  that  her  deceased  husband’s   records   be
corrected to show that she is entitled to  an  annuity  under  the
Survivor Benefit Plan (SBP).  Applicant's submission is at Exhibit
A.

The appropriate Air Force office evaluated applicant's request and
provided  an  advisory  opinion  to  the  Board  recommending  the
application be denied  (Exhibit  B).   The  advisory  opinion  was
forwarded to the applicant for review and response, within 30 days
(Exhibit C).  The applicant’s response is at Exhibit D.

After  careful  consideration  of  applicant's  request  and   the
available evidence of record, we  find  insufficient  evidence  of
error or injustice to warrant corrective action.   The  facts  and
opinions stated in the advisory opinion appear to be based on  the
evidence of record  and  have  not  been  adequately  rebutted  by
applicant.  Absent persuasive evidence applicant was denied rights
to which entitled, appropriate regulations were not  followed,  or
appropriate standards were  not  applied,  we  find  no  basis  to
disturb the existing record.

Accordingly, applicant's request is denied.

The applicant's case is adequately documented and it has not  been
shown that a personal appearance  with  or  without  counsel  will
materially add  to  our  understanding  of  the  issues  involved.
Therefore, the request for a hearing is not favorably considered.

The Board staff is directed to inform applicant of this  decision.
Applicant should also be informed that this decision is final  and
will only be reconsidered upon the presentation  of  new  relevant
evidence, which was not available at the time the application  was
filed.

Members of the Board, Mr. David C. Van Gasbeck,  Ms.  Patricia  D.
Vestal, and Mr. Joseph A.  Roj,  considered  this  application  on
5 October 2000, in accordance with the  provisions  of  Air  Force
Instruction 36-2603 and the governing statute, 10 U.S.C. 1552.



      DAVID C. VAN GASBECK

      Panel Chair


Exhibits:
A.  Applicant's DD Form 149, w/atchs
B.  Advisory Opinion
C.  SAF/MIBR Ltr Forwarding Advisory Opinion
D.  Applicant’s Response, w/atchs

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