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AF | BCMR | CY2001 | 0102055
Original file (0102055.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  01-02055

            INDEX CODE: 137.04

      (DECEASED) COUNSEL:  NONE

            HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to show that he elected to
participate  in  the  Retired  Serviceman’s  Family  Protection   Plan
(RSFPP).

________________________________________________________________

APPLICANT CONTENDS THAT:

Her deceased husband made the election to  participate  in  the  RSFPP
upon retirement and on previous dates.  He elected to have her receive
benefits under the RSFPP.

Applicant's complete submission is attached at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
deceased member’s  military  records,  are  contained  in  the  letter
prepared by the appropriate  office  of  the  Air  Force  attached  at
Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR indicated  that  microfiche  records  from  the  Air  Force
Accounting and Finance Center from December 1978 (the  oldest  retired
pay  records  in  existence)  show  no  deductions  from  the   former
servicemember’s retired pay for RSFPP coverage.  The records also show
he returned a form declining participation  in  the  Survivor  Benefit
Plan  (SBP)  on  the  applicant’s  behalf  during  the  initial   open
enrollment period (21 September 1972 - 20 March 1974).   The  decedent
retired  effective  1  June  1970.   DPPTR  cannot  determine  if  the
decedent’s RSFPP was or was not properly established when he  retired.
However, he was not a participant at the time of his death on 9  April
1984.  The RSFPP election form provided by the applicant  reflects  he
elected spouse and child coverage with Option  4.   Therefore,  it  is
reasonable to assume he exercised his right to  permanently  terminate
the RSFPP coverage he originally elected.  Retirees were not  required
to return an SBP election form; however, the decedent’s intent to  not
extend SBP coverage was apparent by his submission of a form declining
SBP coverage.

DPPTR recommended that the request be denied.  However, if  the  Board
recommends granting the  request,  the  decedent’s  record  should  be
corrected to show RSFPP spouse and child coverage based on one-half of
his retired pay was established effective 1 June 1970.

A complete copy of the evaluation, with attachment, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and  stated  that  if  the
premiums were not deducted, the error was  on  the  part  of  the  Air
Force, not her deceased husband.  She does not agree that  he  elected
to  terminate  the  coverage  and  requested  copies  of  any  records
indicating he did.

Applicant's complete response 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 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.  After a thorough review
of the evidence of record and the applicant’s submission, we  are  not
persuaded that her late husband’s records should be corrected so  that
she may receive an SBP annuity.  Microfiche of the  deceased  member’s
pay records indicates no deductions for RSFPP coverage  and  that  SBP
coverage was declined, as shown by the “D” in the SBPIC  column.   The
applicant’s 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  her  late  husband’s  intent  not  to
extend SBP coverage was apparent by his  submission  of  the  form  to
decline SBP coverage.  Therefore, without  evidence  to  the  contrary
that the applicant has suffered an error or an injustice, 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 20 November 2001, under the provisions of AFI 36-
2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Mr. Michael J. Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated Jul 2001, w/atchs.
    Exhibit B.  Deceased Member’s Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 22 Aug 2001.
    Exhibit D.  Letter, SAF/MIBR, dated 31 Aug 2001.
    Exhibit E.  Letter, Applicant, dated 11 Sep 2001.




                                   DAVID C. VAN GASBECK
                                   Panel Chair


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