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AF | BCMR | CY2005 | BC-2005-01940
Original file (BC-2005-01940.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01940
            INDEX CODE:  137.01

            COUNSEL:  JOHN K. COOK, VSO

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be taken to show her  now  deceased  spouse  elected
Survivor Benefit Plan (SBP) coverage for her.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As the widow of her now deceased retired Air Force member, she  should
be entitled to SBP benefits.

In support of her appeal, the applicant has provided a copy of a death
certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

The member retired on 1 October 1966 and while there is no evidence of
his marital status at the time, there is no evidence he made  a  valid
election during the SBP’s initial open enrollment or during the  first
year following his 1 August 1990 marriage to the applicant.   He  died
on 23 October 1994.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRT recommends denial.  DPPRT states  the  now-deceased  member
had the opportunity to elect SBP coverage for the applicant  during  a
1992-1993 open  enrollment  period  but  failed  to  do  so.   An  SBP
enrollment package and newsletters  announcing  the  opportunity  were
mailed to the address the retiree had provided to the finance  center.
SBP is similar to commercial life insurance in that an individual must
elect to participate and pay the associated premiums in order to  have
coverage.  It would be inequitable  to  those  members  who  chose  to
participate when eligible and subsequently  received  reduced  retired
pay to provide entitlement to this widow on the basis of the  evidence
provided.

DPPTR’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
29 July 2005 for review and comment within 30 days.  As of this  date,
this office has received no response.

_________________________________________________________________

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.  The now-deceased member had two opportunities  to
make a valid SBP election and  did  not  do  so.   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-
2005-01940  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, undated, w/atch.
    Exhibit B.  Letter, AFPC/DPPRT, dated 21 Jul 05.
    Exhibit C.  Letter, SAF/MRBR, dated 29 Jul 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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