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AF | BCMR | CY2002 | 0101118A
Original file (0101118A.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            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.

In  the  reconsideration  request,  the  applicant’s  physician  provided  a
statement concerning her (applicant’s) medical condition during  the  period
in question.
_________________________________________________________________

STATEMENT OF FACTS:

On 5 Aug 93, the former member began drawing Air Force Reserve  retired  pay
until his death on 18 Jul 98.  The former member  did  not  make  a  Reserve
Component Survivor Benefit Plan (RCSBP) election when he completed 20  years
of service and he also declined an SBP election at  age  60.   The  member’s
spouse indicated her concurrence with his decision to decline  participation
in SBP on 11 Apr 93.

A similar appeal was considered and denied by the Board on 25 Sep  01.   For
an accounting of the rationale of the earlier decision  by  the  Board,  see
the Record of Proceedings at Exhibit F.

On  28  Nov  01,  the  applicant’s  physician  submitted   a   request   for
reconsideration,  contending  that  the  applicant  was  unable  to  make  a
rational choice regarding the SBP declination.  To support  this  assertion,
the applicant’s physician  provided  a  personal  statement.   The  complete
submission is at Exhibit G.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided in  support
of the appeal,  we  remain  unpersuaded  that  a  revision  of  the  earlier
determination in this case is warranted.  We note  that  the  former  member
had two opportunities to enroll in the SBP program,  when  he  completed  20
years of service and again when he reached the age of 60, but chose not  to.
 We noted the statement  from  applicant’s  physician  who  treated  her  in
December 1995 and January 1996  when  she  was  admitted  to  the  hospital.
Notwithstanding the fact that the applicant has provided documentation  that
indicates she has  received  treatment  for  a  mental  illness,  sufficient
evidence has not been provided which would lead us to believe that  she  was
incapable of understanding the significance of her late  husband’s  decision
in 1993.  Therefore, in the absence of evidence that the applicant has  been
a victim of an error or 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 19 February 2002, 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 F.  Record of Proceedings, dated 4 Oct 01,
                  with Exhibits.
      Exhibit G.  Physician’s Letter, dated 28 Nov 01, with
                attachments.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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