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AF | BCMR | CY2003 | BC-2003-02492
Original file (BC-2003-02492.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02492
            INDEX CODE:137.00

           (Deceased)  COUNSEL:  None

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late-husband’s records be corrected to reflect he elected Survivor
Benefit Plan (SBP) coverage for her.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to her disability from the motor vehicle  accident,  she  did  not
know what she was signing.

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

_________________________________________________________________

STATEMENT OF FACTS:

Public Law (PL) 99-145 which was enacted on 8 November 1985 and  which
became effective 1 March 1986, established the requirement to obtain a
spouse’s written concurrence in any  election  the  servicemember  may
elect under SBP when the  election  provides  less  than  the  maximum
spouse coverage.  All married servicemembers who retired on or after 1
March 1986, must have spousal concurrence in SBP elections.   Law  has
established   that   SBP   requires   information   be   provided   to
servicemembers and spouses concerning the options and effects  of  SBP
prior to the servicemember’s retirement.

The applicant and the servicemember were  married  and  had  children.
Prior to the servicemember’s 1 March 1995 retirement, he  declined  to
elect SBP coverage.  The applicant signed and dated  her   concurrence
 with   her   late-husband’s   decision   on  6  December  1994.   The
servicemember died on 3 November 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states the applicant provided her  written  concurrence  on
the DD  Form  2656  declining  SBP  coverage.   Furthermore,  Military
Personnel Flight (MPF)  personnel  at  Kelly  AFB,  TX  witnessed  her
signature and there is no evidence that the applicant was misled  into
signing the DD Form 2656.  It appears  the  technician  at  Kelly  AFB
followed the required guidelines  and  procedures  in  processing  the
servicemember’s SBP application.

AFPC/DPPTR finds no evidence of  error  or  injustice  and  therefore,
recommends the requested relief be denied.

A complete copy of the Air Force evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and  states  she  does
not have anything else to add.  She can get affidavits from people who
have helped her fill out paper work since her head injury.

The applicant’s complete submission, with attachments, is attached  at
Exhibit E.

_________________________________________________________________

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 alleges that due to the injuries she sustained  in  a  motor
vehicle accident she did not understand what she was signing.  In this
respect, it is the  responsibility  of  each  person  to  ensure  they
understand the  effects  of  signing  official  documents.   While  we
empathize with the applicant’s circumstances; she forfeited her  right
to an annuity when she signed the AF Form  1267  concurring  with  the
servicemember’s decision not to elect coverage.  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 BC-
2003-02492 in Executive  Session  on  30  September  2003,  under  the
provisions of AFI 36-2603:

                       Mr. David C. Van Gasbeck, Panel Chair
                       Mr. Roscoe Hinton, Jr., Member
                       Mr. Mike Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 23 Jul 03, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPTR, dated 19 Aug 03.
      Exhibit D. Letter, SAF/MRBR, dated 22 Aug 03.
      Exhibit E. Applicant’s Response, undated, w/atchs.




                             DAVID C. VAN GASBECK
                             Panel Chair

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