RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00032
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

Her deceased husband’s record be changed so that their son is  eligible  for
Survivor Benefit Plan (SBP) coverage.

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APPLICANT CONTENDS THAT:

Her late husband was paralyzed one year after their  son’s  birth.   He  was
unable due  to  critical  health,  to  sign  the  necessary  forms  for  the
benefits.

In support of her appeal, the applicant provided a personal  statement,  the
service member’s Certificate of Death, and other documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

According to AFPC/DPPTR the service member declined SBP  coverage  prior  to
his 1 July 1980 retirement.   They  are  unable  to  determine  his  marital
status, or if he had eligible children at that time.  He and  the  applicant
married on 21 February 1987, and their son was born on 4 April 1987.

On 16 November 1990 the service member died.

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AIR FORCE EVALUATION:

AFPC/DPPTR recommended denial.  They indicated that the applicant offers  no
explanation for the twelve-year delay  in  seeking  correction.   Her  claim
that the accident rendered the member unable to sign  an  election  for  his
son is without merit.  On 23 March 1990, the member’s application to  obtain
an identification card for his son reflected  he  was  unable  to  sign  the
form, but two witnesses attested to his physical inability and verified  his
intent.  It is reasonable to expect the same process to have  been  used  by
the member, his wife and others to effect an election for  SBP  coverage  if
the member had desired to provide that protection.

There is no evidence of Air Force  error  or  injustice.   However,  if  the
Board’s  decision  is  to  grant  relief,  the  member’s  record  should  be
corrected to show he elected child only coverage based on  full-retired  pay
effective 5 April 1987.  Approval should be contingent upon proof  that  the
member had no eligible dependent children on  the  date  of  retirement,  as
well as subsequent to  his  retirement,  but  prior  to  4  April  1987  and
recovery of all appropriate SBP costs.

The evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicates that before her  husband
died he began to get his affairs in order.  He realized  that  his  son  was
not signed up for Survivor Benefits and wanted him  to  receive  them.   The
applicant has two witnesses that were present  when  the  conversation  took
place.  She attempted to retrieve  the  proper  paperwork;  however,  within
days her husband died.

She further indicates that she was unaware that her son was  neither  signed
up for DEERS  coverage  or  Survivor  Benefits.   Because  she  married  the
service member after his retirement from the Air Force, she was  unaware  of
the rules and regulations regarding these issues.  She wrongly  thought  her
son was automatically covered as was the case regarding Social Security.

Her late husband’s only true happiness during his last years was to be  able
to see his son.  He had always had great dreams and hopes  for  his  future.
He spoke proudly of his  service  to  his  country.   However,  due  to  the
critical nature of his injuries, he was not always aware  of  the  realities
of his impending death or the burdens that his family suffered  during  that
tragic time.

Applicant’s complete response is at Exhibit D.

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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.   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.   The  service  member  declined  SBP
coverage prior to his 1 July 1980 retirement.  It appears that  the  service
member had no eligible beneficiary when he retired.  He  and  the  applicant
married on 21 February 1987 and their son was born 4 April  1987.   However,
we find no  evidence  that  the  service  member  intended  to  provide  SBP
coverage for his spouse or child.  The service member’s disability  is  duly
noted; however, it appears that the handicap did  not  prevent  the  service
member’s child from being enrolled in DEERS.  It would appear that the  same
process used to enroll the child in DEERS could have been employed to  elect
SBP coverage during the allotted time period, if that had been  the  service
member’s desire.  Unfortunately, there is  insufficient  evidence  this  was
done or that it was the member’s intent to enroll the child.  Therefore,  in
the absence of evidence to the contrary, we  find  no  compelling  basis  to
recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or an 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.

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The following members of the Board considered AFBCMR Docket Number  BC-2003-
00032 in Executive Session on 26 June 2003, under the provisions of AFI  36-
2603:

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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 March 2003, w/atchs.
   Exhibit B.  Letter, AFPC/DPPTR, dated 25 April 2003.
   Exhibit C.  Letter, SAF/MRBR, dated 2 May 2003.
   Exhibit D.  Letter, Applicant, undated.




                       JOSEPH A. ROJ
                       Panel Chair