RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01118
INDEX CODE: 137.00, 137.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant is the widow of a former service member, who requests
that she be awarded a portion of her late husband’s retired pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force.
Accordingly, there is no need to recite these facts in this Record of
Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director of Personnel Program Management, HQ ARPC/DPP, stated that
the member began drawing Air Force Reserve retired pay effective 5 Aug
93, his 60th birthday, until his death on 18 Jul 98. The Reserve
Component Survivor Benefit Plan (RCSBP) and the Survivor Benefit Plan
(SBP) are the only programs available that allow a member to leave a
portion of retired pay to a beneficiary at the time of death. DPP
stated that since the member did not make a RCSBP election when he
completed 20 years of service, he was given the opportunity to make an
SBP election at age 60. The member declined to participate in the SBP
and his spouse indicated her concurrence with his decision to decline
participation in SBP on 11 Apr 93. DPP indicated that the applicant
(widow) forfeited any entitlement to a portion of her deceased
husband’s retired pay when she concurred with his decision not to
participate in the SBP. DPP recommended the application be
disapproved. A complete copy of this evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and indicated that she was
not mentally competent to make the right decision at the time she
signed the SBP form. A complete copy of her response is appended at
Exhibit E.
_________________________________________________________________
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. We carefully reviewed
the applicant’s submission in judging the merits of this case;
however, we agree with the opinion and recommendation of the
appropriate office of primary responsibility, HQ ARPC/DPP, and adopt
their rationale as the basis for our conclusion that there is no error
or injustice in this case. We are unpersuaded that, at the time the
applicant concurred with her spouse’s election, she was unable to make
a reasoned decision regarding participation in the Survivor Benefit
Plan (SBP). In view of the above and absent evidence to the contrary,
we find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
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 25 September 2001, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Joseph A. Roj, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Apr 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 2 Jul 01, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 6 Jul 01.
Exhibit E. Letter from applicant, dated 1 Aug 01, w/atchs.
DAVID C. VAN GASBECK
Panel Chair
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