RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-02922

                 COUNSEL:  CATHERINE V. PIERSOL

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s records be corrected  to  show  he  elected  former
spouse coverage in the Reserve Component Survivor Benefit Plan (RCSBP)
when he was first eligible.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Section  13  of  the  divorce  decree  names  C.  S.  the  irrevocable
beneficiary of M. S.’s SBP.  Neither party changed coverage to “Former
Spouse” due to lack of knowledge, rather than disregard for the SBP or
regulation surrounding such plans.

In support of her appeal, her counsel submits a marriage  certificate,
divorce decree, former member’s death certificate, DD Form 214, letter
from Senator Daschle, and a pay statement from DFAS.

Applicant’s  Counsel  complete  submission,  with  attachment,  is  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The  former  member’s  record  indicates  he  was  eligible  for,  and
receiving Reserve retired  pay  under  the  provisions  of  Title  10,
U.S.C.,  Section  12731,  effective  on  16  January  1994,  his  60th
birthday.  The deceased member and  applicant  married  on  7 November
1954 and divorced on 26 January 1995.  The deceased member died on  24
May 2002.

On 5 June 1979, the deceased member  elected  full  coverage  for  his
spouse, under the Reserve Component  Survivor  Benefit  Plan  (RCSBP).
When the deceased member applied for Reserve retired  pay  in  January
1994, he was still married to the spouse listed as beneficiary on  his
RCSBP.  Since he was still married at the time he applied for  Reserve
retired pay, his RCSBP election was valid.  The Air Reserve  Personnel
Center Retirement Branch (ARPC/DPPR) properly  input  the  RCSBP  date
(full coverage for spouse) into the system.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommended denial of the applicant’s request and stated that
the deceased member was  in  retired  pay  status  and  was  receiving
Reserve retired pay when he divorced in February  1995.   The  divorce
decree required the former  member  to  name  his  former  spouse  the
beneficiary under the  RCSBP.   By  law,  Title  10,  U.S.C.,  Section
1448(b)(3), the request to change the RCSBP coverage to former  spouse
must be received within one year from the date  of  divorce  or  Court
Order.   In  their  3  September  2002  response  to  Senator  Daschle
concerning the applicant’s entitlement  to  a  Survivor  Benefit  Plan
annuity, DFAS-CL explained neither the deceased member nor the  former
spouse requested the coverage be changed within the required  one-year
period.  DFAS-CL also states the deceased member  discontinued  paying
for RCSBP coverage on 1 February 1995, and had no eligible beneficiary
at the time of his death in May 2002.

The one-year window for receipt of the change of RCSBP coverage is  by
law, and while sympathetic to the former spouse, no error or injustice
on the part of the Air Force has been shown.

ARPC/DPP complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A  complete  copy  of  the  Air  Force  evaluation  was  forwarded  to
applicant’s counsel on 22 January 2003 for review and  comment  within
30 days.  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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. After a thorough review of the
evidence of record and applicant’s submission,  the  majority  of  the
Board is not  persuaded  that  deceased  member’s  records  should  be
altered so that she would receive an SBP annuity.  The deceased member
discontinued paying RCSBP coverage on 1  February  1995,  and  had  no
eligible  beneficiary  at  the  time  of  his  death  in   May   2002.
Applicant’s contentions are duly noted; however, the majority  of  the
Board  does  not  find  these  assertions,  in  and   by   themselves,
sufficiently persuasive to override the rationale provided by the  Air
Force.   Therefore  the  majority  of  the  Board  agrees   with   the
recommendation of the Air Force and adopts the rationale expressed  as
the basis for their decision that the applicant has failed to  sustain
her burden of having suffered either an error or an injustice. In view
of the above and absent  persuasive  evidence  to  the  contrary,  the
majority of the Board finds no compelling basis to recommend  granting
the relief sought.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
02922 in Executive Session on 26 June 2003, under  the  provisions  of
AFI 36-2603:

                  Mr. Joseph A. Roj, Panel Chair
                  Mr. William H. Anderson, Member
                  Mr. Roscoe Hinton, Jr., Member

By majority vote, the Board recommended denying the  application.  Mr.
Anderson voted to grant correcting the records but he does not  desire
to submit a Minority Report.  The following documentary  evidence  was
considered:

   Exhibit A.  DD Form 149, dated 6 Sept 02, w/atch.
   Exhibit B.  Letter, HQ ARPC/DPP, dated 8 Nov 02, w/atch.
   Exhibit C.  Letter, AFBCMR, dated 22 Jan 03.




                                   JOSEPH A. ROJ
                                   Panel Chair






MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                       FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Application of APPLICANT
            AFBCMR Docket Number 02-02922

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency