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AF | BCMR | CY2002 | 0101827
Original file (0101827.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS


             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01827
            INDEX NUMBER:  137.04

      (DECEASED) COUNSEL:  NONE

            HEARING DESIRED:  NO

Applicant, widow of the  deceased,  requests  that  his  record  be
corrected to show he elected spouse coverage, based on full retired
pay, under the Survivor Benefit Plan  (SBP),  effective  1  October
1977.  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  C).   However,  if   the   Board
recommends granting the application, it should be  contingent  upon
the  applicant  providing  an  acceptable  sworn  statement,  under
penalty  of  perjury,  that  she  did  not  receive  the   required
notification.  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. Joseph  A.  Roj,  considered  this  application  on
25 September 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, dtd 25 Jun 2001, w/atch
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  SAF/MIBR Ltr Forwarding Advisory Opinion

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