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AF | BCMR | CY2001 | 0102550
Original file (0102550.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02550
            INDEX NUMBER:  137.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO

The applicant’s widow requests that she be allowed  to  participate
in the Survivor Benefit Plan (SBP) and to pay  for  the  last  four
months of  the  required  two-year  survival  period.   Applicant's
submission is at Exhibit A.

Public Law (PL) 101-189 established a minimum  SBP  annuity  for  a
limited specific group of survivors  –  annuity,  certain  military
surviving spouses (ACMSS) – also referred to as “forgotten widows,”
those unremarried surviving spouses of members, who  retired  prior
to 21 Sep 72, the SBP’s initial open enrollment, and died prior  to
21 Mar 74.  The  $165  monthly  special  annuity  became  effective
1 Dec 97 for surviving spouses, who qualified and applied  for  the
benefit.

The appropriate Air Force office evaluated applicant's request  and
provided  an  advisory  opinion  to  the  Board  recommending   the
application be  denied  (Exhibit  C).   The  advisory  opinion  was
forwarded to the applicant for review and response, within  30 days
(Exhibit D).  As of this date, no response  has  been  received  by
this office.

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 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 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. Michael J. Novel, considered  this  application  on
20 November 2001 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.  Available Master Personnel Records
C.  Advisory Opinion
D.  SAF/MIBR Ltr Forwarding Advisory Opinion

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