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AF | BCMR | CY2002 | 0200727
Original file (0200727.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00727
            INDEX CODE  137.01
            COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband's records be corrected so that she  may  be  eligible
for a Survivor Benefit Plan (SBP) annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her deceased spouse did not realize that the forms were not filled out
until he got sick.  He remembered getting the paperwork and putting it
aside because he was very involved in  preparing  for  an  inspection.
They gave statements to his commanders  in  October  2001  to  correct
this, but they assume no one followed through.

She feels she is entitled  to  any  and  all  benefits  regarding  her
spouse, as this is what he would have chosen had he not been preparing
for an inspection.  They have been a part of the military  22  of  the
24½ years they were married.

In support of her request, applicant submits  a  copy  of  the  former
member’s Death Certificate.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

_________________________________________________________________

AIR STAFF EVALUATION:

HQ ARPC/DPS reviewed this application and recommended  denial.   Based
on the evidence of record, a Reserve Component Survivor  Benefit  Plan
(RCSBP) package was sent to the former member  and  signed  for  on  1
February 2000; he was given a 90-day suspense.  Since he did not reply
within the 90-day timeframe, he was automatically enrolled  in  Option
A, Deferred election until age 60.   He  remained  eligible  to  elect
coverage under the RCSBP upon reaching age 60.  The member died on  15
Nov 01, prior to reaching age 60.

By law, (Title 10 U.S.C., Sec. 1448(a)(2)), members must  complete  an
election within 90 days  of  receipt,  otherwise  the  member  remains
eligible to make an election at age 60.

The decedent’s spouse is entitled to other benefits as the unremarried
widow of a retirement-eligible member.  She is eligible to utilize the
Commissary, Base Exchange and other base services.  The date when  the
decedent would have turned age 60,  applicant  will  be  eligible  for
medical care through the TRICARE program.  There may also be  benefits
she is entitled to through the Department of Veterans Affairs (DVA).

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
10 May 2002 for review and comment within 30 days.  As of  this  date,
no response has been received by this office (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of 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 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 AFBCMR Docket  Number
02-00727  in  Executive  Session  on  16  August  2002,  under  the
provisions of AFI 36-2603:


      Mrs. Barbara A. Westgate, Chair

      Mr. Joseph A. Roj, Member
      Mr. Roscoe Hinton Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPS, dated 29 Apr 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 10 May 02, w/atchs.




                                   BARBARA A. WESTGATE
                                   Chair

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