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AF | BCMR | CY2005 | BC-2005-00494
Original file (BC-2005-00494.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00494
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be taken to  show  her  entitlement  to  a  Survivor
Benefit Plan (SBP) annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did not sign an SBP form and does not agree that her husband would
not have provided coverage for her.

In support of her appeal, the applicant has  provided  copies  of  her
deceased husband’s death certificate, their marriage certificate, a DD
Form 149, Application for  Correction  of  Military  Record  dated  27
October 1990 asking for validation  of  his  request  to  decline  SBP
coverage and a copy of his wife’s statement of agreement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member and applicant were married on 2  August  1957.   The
member declined SBP coverage prior to  his  1  July  1990  retirement.
However, the applicant did not concur with member’s election prior  to
his retirement date and full spouse coverage was  established  on  her
behalf as required by law.  On 27 October 1990, the  member  requested
his record be corrected to  show  he  declined  SBP  coverage  due  to
administrative  oversight.   It  was  determined  the  applicant   had
actually signed SBP  paperwork  signifying  her  notification  of  the
member’s declination and not her concurrence with the action.  Part of
the member’s 1990 application included a valid  concurrence  statement
from the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.   DPPTR  notes  the  applicant  provided
documentation showing her concurrence with her now  deceased  spouse’s
request to show he declined coverage effective 30  June  1990.   DPPTR
states even though  the  applicant  did  not  sign  the  original  SBP
election form, she later signed two notarized  concurrence  statements
agreeing with the applicant’s request to decline SBP spouse  coverage.
By  concurring  in  his  election  after  the  fact,   the   applicant
voluntarily and willingly forfeited her right to an annuity  upon  the
member’s death.  Furthermore, she does not  allege  or  provide  proof
that the signatures on the concurrence statements are forgeries.

DPPTR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the Air Force advisory with an  undated  letter
reiterating she had not signed the original SBP form and protests  the
statements in the advisory indicating she  had  signed  two  notarized
statements of concurrence.  She fully expects the Board  to  send  her
copies of the notarized statements.

_________________________________________________________________

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 recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  She  contends  she  did  not  sign  the  original
declination of SBP coverage, yet the Air Force advisory  includes  two
notarized  statements  of  her  concurrence  with   the   declination.
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-
2005-00494 in Executive Session on 7 July 2005, under  the  provisions
of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Kathy L. Boockholdt, Member
      Ms. Marcia Jean Bachman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Jan 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRT, dated 21 Mar 05.
    Exhibit C.  Letter, SAF/MRBR, dated 25 Mar 05.
    Exhibit D.  Letter, Applicant, undated.



                                   MICHAEL J. NOVEL
                                   Panel Chair

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