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AF | BCMR | CY2005 | BC-2005-01715
Original file (BC-2005-01715.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
01715
                                             INDEX CODE:  137.01

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  27 NOVEMBER 2006


___________________________________________________________________

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  was  not  made  aware  of  any  benefits  upon  her  husband’s
retirement from the Armed Forces or her eligibility for SBP.

In support of her appeal, the applicant submits a copy of her birth
certificate, their marriage certificate and a copy of the  member’s
death certificate.

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

___________________________________________________________________

STATEMENT OF FACTS:

The Air Force states the  former  member  and  the  applicant  were
married on 2 Mar 55.  The member did  not  enroll  in  the  Retired
Serviceman’s Family Protection Plan (RSFPP) prior to his 1  Jan  71
retirement and there is no evidence he returned  an  election  form
during either of the two  SBP  open  enrollment  periods  conducted
prior to his 1 Jun 89 death.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRT recommends denial  stating,  in  part,  there  is  no
evidence of error in this case.  The  RSFPP  was  in  effect  until
21 Sep 72.  Members were briefed and were required  to  make  their
RSFPP elections before completing  18  years  of  service.   Spouse
notification was not required.

Public Law (PL) 92-425, which established the SBP  on  21  Sep  72,
authorized an enrollment period for retired members  to  elect  SBP
coverage.  PL 97-35 later authorized an additional open  enrollment
period (1 Oct 81  –  30  Sep  82).   During  both  open  enrollment
periods, members were advised by direct mail of  their  eligibility
to make an election.   The  enrollment  packets,  as  well  as  the
Afterburner, USAF News  For  Retired  Personnel,  published  during
those timeframes, were sent to the correspondence  address  members
had provided to the finance center and contained points of  contact
for retirees to use to gain additional information.  There were  no
provisions in these laws which required the Services  to  notify  a
spouse if the member did not enroll.

The member had three opportunities to elect survivor protection for
the applicant, but failed to do so.  The  RSFPP  and  the  SBP  are
similar to commercial life insurance in  that  an  individual  must
elect to participate and pay the associated premiums  in  order  to
have coverage.  Furthermore, the applicant  offers  no  explanation
for delaying over sixteen years since the member’s death in seeking
correction.  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.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 Jun 05, 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.  (Exhibit C)

___________________________________________________________________

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 its  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.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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-2005-
01715 in Executive Session on 27 October 2005, under the provisions
of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 May 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPRT, dated 22 Jun 05.
    Exhibit C.  Letter, SAF/MRBR, dated 24 Jun 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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