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AF | BCMR | CY2006 | BC-2006-02051
Original file (BC-2006-02051.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02051
            INDEX CODE:137.04
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  11 JANUARY 2008
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband’s records be corrected to show he elected to participate in  the
Reserve Component Survivor Benefit  Plan  (RCSBP)  with  election  Option  C
(spouse only), based on full retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband experienced a serious  stroke  during  surgery  for  a  cerebral
aneurysm.  Prior to his surgery, he signed a will and  a  general  power  of
attorney.  However, he was not able  to  make  an  election  or  sign  legal
documents.

In support of her appeal, applicant provided submits a copy of her  marriage
certificate, the former member’s death certificate,  Retired  Reserve  Order
and his Last Will and Testament.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  Military  Personnel  Database  reflects  the  former   member   retired
effective 28 March 1996 in the grade of technical sergeant and was  assigned
to the Retired Reserve Awaiting Pay At Age 60 (5 November 2007).

The remaining relevant facts pertaining to this application, extracted  from
the applicant's military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states that the former member was  sent  an
election package by certified mail on 24 June 1996.  There  is  no  evidence
that the former member made an election at that time.   DPP  indicates  that
the former member was notified during  the  RCSBP  open  enrollment  season,
1 March 1999 through 29 February 2000 that he had  elected  less  than  full
coverage for his spouse and was able to elect or increase  coverage.   There
is  no  record  he  made  an  election.   The  ARPC/DPP   evaluation,   with
attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  19
July 2006 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.   After  careful  consideration  of  the
applicant's  request  and  the  available  evidence  of  record,   we   find
insufficient evidence of error or injustice to  warrant  corrective  action.
The facts and opinions stated in the advisory opinion appear to be based  on
the evidence of record and have not been rebutted by the applicant.   Absent
persuasive  evidence,  applicant  was  denied  rights  to  which   entitled,
appropriate regulations were not followed,  or  appropriate  standards  were
not applied, we find no basis to disturb the existing record.  While we  are
sympathetic to  the  applicant's  situation,  we  find  no  legal  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 probable 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-2006-02051
in Executive Session on 5 October 2006, under  the  provisions  of  AFI  36-
2603:

            Mr. Michael K. Gallogly, Panel Chair
            Ms. Kathy L. Boockholdt, Member
            Mr. John B. Hennessey, Member

The following documentary evidence pertaining to  Docket  Number  2006-02051
was considered:

    Exhibit A.  DD Form 149, dated 30 Jun 06, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 17 Jul 06, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Jul 06.




                                             MICHAEL K. GALLOGLY
                                             Panel Chair

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