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AF | BCMR | CY2003 | BC-2002-01037
Original file (BC-2002-01037.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01037
            INDEX CODE:137.00

      APPLICANT (Deceased)   COUNSEL:  None

      SSN   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late-husband’s records be corrected to entitle her to  a  Survivor
Benefit Plan (SBP) annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She does not recall declining SBP,  nor  did  she  sign  the  AF  Form
1266/1267.  She would not have knowingly conceded to such  a  punitive
outcome.

Applicant's complete submission,  with  attachments,  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 B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR  states   Public  Law  (PL)   99-145,   established   on  8
November 1985, required as of 1 March 1986 spousal concurrence of  the
SBP election, if the election was providing less than  maximum  spouse
coverage.  If a spouse nonconcurred  on  the  SBP  election,  coverage
would be established on the spouse's behalf by operation of  law.   If
the servicemember declined to elect coverage for an  eligible  spouse,
coverage  cannot  be  established  in  the  future  except  during  an
authorized open enrollment period.

The servicemember and the applicant were married on 21 November  1990.
According to the Defense Finance and Service - Cleveland Center (DAFS-
CL) the servicemember elected full spouse  and  child  coverage  under
SBP, but later submitted a corrected election to decline SBP prior  to
his 1 October 1992 retirement.  The servicemember  died  on  22  April
2001.

The records maintained by the Finance center  indicate  the  applicant
concurred with the servicemember's election to decline SBP by  signing
the AF Form 1267 on 12 August 1992.  In a letter dated 25 April  2001,
the applicant disputes that she signed the AF Form 1267, but offers no
proof that the signature on the form is not hers.

An open enrollment was authorized by PL 105-261 (1  March  1999  -  29
February 2000).  Each servicemember was notified by direct mail of the
opportunity to enroll during the open enrollment period.  The  January
1999 issue of the Afterburner, USAF News for  Retired  Personnel,  was
forwarded to the servicemember's address  maintained  by  the  finance
center, where he resided until  his  death  and  where  the  applicant
continues to reside.  The Afterburner contained points of contacts  to
obtain additional information regarding SBP.   There  is  no  evidence
that the servicemember made an election for spouse coverage during the
open enrollment period.  Based on the  information  provided  and  the
servicemember's  records,  DPPTR  recommends  denying  the   requested
relief.

A complete copy of the evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 28 June 2002, for review and response.  As of this  date,
no response has been received by this office.

_________________________________________________________________

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 the 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.   The
applicant forfeited her right to an annuity when  she  signed  the  AF
Form 1267 concurring with the servicemember’s decision  not  to  elect
coverage.  Although the applicant alleges she did not sign  the  form,
she has not provided persuasive evidence to support that it is not her
signature on the form.  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-
01037 in Executive Session on 21 January 2003, under the provisions of
AFI 36-2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 5 Mar 02, w/atchs.
      Exhibit B. Letter, HQ AFPC/DPPTR, dated 21 Jun 02.
      Exhibit C. Letter, SAF/MRBR, dated 28 Jun 02.




                             DAVID C. VAN GASBECK
                             Panel Chair

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