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AF | BCMR | CY2004 | BC-2003-03325
Original file (BC-2003-03325.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03325
            INDEX CODE:  137.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s military record be changed to show  he  elected
to participate in the Reserve Component Survivor Benefit Plan  (RCSBP)
with an election based on the full amount of retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her deceased husband served 19 years, 1  month,  and  3  days  in  the
military.  She contends she may be eligible for military benefits,  as
a result of his service, as he  remained  on  active  duty  until  his
death.  She believes that, had her husband lived, he would have served
out his remaining time thereby entitling her to retirement pay  or  an
identification (ID) card.

In support of her appeal, the applicant has provided copies  of  a  DD
Form 214, Report of Separation and Record of Service,  their  marriage
license, and her deceased husband’s death certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

The decedent was a member of the Florida Air National Guard  (FL  ANG)
from 21 July 1986 until his death on 10 May  1990.   He  achieved  the
rank of Master Sergeant (MSgt/E-7) and had served for a  total  of  19
years, 1 month, and 3 days of combined active  and  Reserve  component
service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommends denial but encourages the applicant to contact the
Veterans Administration (VA) as she may be eligible for other benefits
through the VA.  DPS states that, had the decedent lived  and  retired
from the military, he would have been


eligible  to  elect   RCSBP   coverage   on   10   May   1991.    This
notwithstanding, the deceased member did not complete 20  satisfactory
years of service.

DPS’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
January 2004 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  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
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  While we sympathize with  the  applicant,  the
law requires the member to complete 20 years of  satisfactory  service
to be eligible to participate in RCSBP.  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-
2003-03325 in Executive Session on 14 April 2004, under the provisions
of AFI 36-2603:





      Mr. Roscoe Hinton, Jr., Panel Chair
      Mr. Michael J. Novel, Member
      Ms. Kathy L. Boockholdt, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPS, dated 30 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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