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AF | BCMR | CY2005 | BC-2005-00661
Original file (BC-2005-00661.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00661
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 AUGUST 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband’s records be corrected to show that she is entitled  to  a
Survivor Benefit Plan (SBP) annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She (the applicant) and her husband were in Germany when he decided to
retire.  They were not financially ready.  She did not  know  how  the
survivor benefits worked, nor the importance of having or  not  having
survivor  benefits.   She  did  not  receive  any  briefings  or   any
explanation about survivor benefits.   Her  husband  took  her  to  an
office at Hanau Army Post to sign the papers.  (She does  not  have  a
copy of the SBP package.)  Her husband told her that  if  they  signed
for survivor benefits, the military would take out a large  amount  of
money  from  his  retirement.   He  told  her  they  needed  his  full
retirement money for  their  home  mortgage.   They  paid  their  home
mortgage with her husband’s  retirement.   After  her  husband  passed
away, his death was reported to the VA.  Her mortgage bank called  and
told her she was past due on her payment.  She called VA and found out
his retirement stopped when he passed away.  She did not know that for
her to sign away the survivor benefit she and her children  would  not
get any more of his retirement.  She is from the Philippines  and  did
not know anything about the regulation of  her  husband’s  retirement.
She is afraid she might lose her home.  She has two children  ages  12
and 15.  She works, but her income is not enough to pay the bills.

In support of the appeal, applicant submits a  personal  statement,  a
copy of her husband’s death certificate, and a copy of DD  Form  2856,
Data for Payment of Retired Personnel.

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

_________________________________________________________________

STATEMENT OF FACTS:

The deceased member and the applicant were married and  had  dependent
children.   He  declined  SBP  coverage  prior  to  his  1  July  2003
retirement.  A copy of the SBP election retained by the finance center
reflects on 4 February 2003, the applicant signed Block 30a of the SBP
election  form,  concurring  in  the  member’s  election  to   decline
coverage.  The former member died on 26 January 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRT states the applicant provided her written  concurrence  and
her signature was witnessed by personnel  at  the  Military  Personnel
Flight (MPF) at Rhein Main Germany.  By  signing  the  election  form,
concurring in the former member’s election,  the  applicant  certified
that she had received information explaining the options available and
the effects of those options.  If the applicant had  refused  to  sign
the form because she did  not  fully  understand  the  impact  of  her
decision, she would have remained eligible for SBP coverage, the  same
protection she enjoyed without cost while the former member served  on
active duty.  It would  be  inequitable  to  other  widows,  who  also
concurred in their sponsors’ elections to decline coverage,  to  grant
this widow another opportunity to obtain SBP coverage after the  death
of the  former  member.   Therefore,  they  recommend  denial  of  the
applicant’s request.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 April 2005, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response 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 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
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the  victim  of  an  error  or  injustice.   As
stated, by signing the  election  form,  concurring  in  the  member’s
election, the applicant certified that she  had  received  information
that explained the options available and the effects of those options.
 Therefore, in the absence of evidence to the  contrary,  we  find  no
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  this  application  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 18 Feb 05, w/atchs.
      Exhibit B. Deceased Members Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRT, dated 30 Mar 05.
      Exhibit D. Letter, SAF/MRBR, dated 8 Apr 05.




                             MICHAEL J. NOVEL
                             Panel Chair

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