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AF | BCMR | CY2004 | BC-2004-03149
Original file (BC-2004-03149.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03149
            INDEX NUMBER:  137.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s records be  corrected  to  show  he  elected
coverage for her under the Survivor Benefit Plan (SBP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

She and her husband were provided erroneous information on the  SBP
at her husband’s pre-retirement briefing.  They were told the  cost
for SBP would be 50 percent of her husband’s retired pay.

In support of  her  request,  applicant  provided  a  copy  of  her
husband’s certificate of death.

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

___________________________________________________________________

STATEMENT OF FACTS:

The Air Force states the  former  member  and  the  applicant  were
married and that Defense  Finance  and  Accounting  Service  (DFAS)
records indicate the member declined  SBP  coverage  prior  to  his
1 Oct 84 retirement.  DFAS could not locate the  member’s  election
form; however, an entry in the finance center’s transaction history
made at the time of the member’s retirement states  the  petitioner
was notified of the decedent’s SBP election.  The  member  died  on
13 Sep 04.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends denial.  There was  only  one  formula  to
determine the cost of spouse coverage until 1 Mar 90  (2.5  percent
of the first $300 and 10 percent of the remaining base amount above
$300); therefore, it is unreasonable that an  SBP  counselor  would
have advised the applicant or her late husband that the cost  would
be 50 percent of his retired pay.  The SBP literature  produced  by
the Department of Defense and widely available during the  time  of
the decedent’s retirement  provided  factual,  correct  information
about the Plan  and  its  associated  costs.   There  is  a  strong
presumption that the administrators of  the  SBP  and  trained  Air
Force counselors discharged their duties correctly,  lawfully,  and
in good faith.  SBP is similar to commercial life insurance in that
an individual must elect to  participate  and  pay  the  associated
premiums in order to provide coverage.  It would be inequitable  to
those  members,  who  chose  to  participate  when   eligible   and
subsequently received reduced retired pay,  and  to  other  widows,
whose sponsors chose not to participate, to provide entitlement  to
this widow on the basis of the evidence presented.

There is no evidence of error or injustice in this case.

The DPPTR evaluation is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states they were not told specifically that the  cost
of the SBP coverage was 50 percent.  The person  explaining  things
quoted a figure of 400 plus dollars a month for the coverage, which
sounded way too high.  That is  why  they  declined  the  coverage.
Thinking back on it now, she thinks the person figuring the  amount
may have put a decimal point in the wrong place or made some  other
mathematical error.

Applicant’s complete submission, is at Exhibit D.

___________________________________________________________________

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.    Applicant
contends  that  she  and  her  husband  were   provided   erroneous
information at her husband’s pre-retirement briefing concerning the
costs of Survivor Benefit Plan (SBP) coverage.  However, we do  not
find her argument, in and of  itself,  sufficiently  persuasive  to
override the rationale expressed by the Air  Force.   We  therefore
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.  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 Docket Number BC-2004-
03149 in Executive Session on 2 December 2004, under the provisions
of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Mr. Michael J. Novel, Member
      Mr. Michael K. Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Oct 04, w/atch.
    Exhibit B.  Letter, AFPC/DPPTR, dated 21 Oct 04.
    Exhibit C.  Letter, SAF/MRBR, dated 29 Oct 04.
    Exhibit D.  Letter, Applicant, dated 7 Nov 04.




                                   ROSCOE HINTON JR.
                                   Panel Chair

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