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AF | BCMR | CY2007 | BC-2006-01902
Original file (BC-2006-01902.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01902
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 December 2007

_________________________________________________________________

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 was not aware that spousal benefits were not being  deducted  from
her husband’s monthly retirement pay.

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

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member and the applicant were  married.   He  declined  SBP
coverage prior to his 1 Aug 86 retirement.   Finance  records  reflect
the applicant concurred in the former member’s SBP election  prior  to
his retirement.  The former member was eligible  to  provide  coverage
for his spouse during two SBP open enrollment periods (1 Apr 92  –  31
Mar 92 and 1 Mar 99 – 29 Feb 00).  Members were advised by direct mail
of their eligibility  to  make  an  election  during  each  enrollment
period.  Enrollment packets, as well as the Afterburner, News for USAF
Retired  Personnel,  published  during  open  enrollment  periods  and
containing contact information,  were  mailed  to  the  correspondence
address the former member provided the  finance  center.   The  former
member died on 13 May 06.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPRT recommends denial.  DPPRT  states  that  they  can  neither
confirm nor deny the  applicant’s  claim  that  she  was  inadequately
counseled.  Furthermore, it is the retiring member’s responsibility to
elect the coverage that suits his family and  the  spouse’s  right  to
concur or non-concur in that election.  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.  The applicant could have  non-concurred
in the election, however, she did not.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1
Sep 06 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
and adopt their rationale as the basis for  the  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
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 10 April 2007, under the provisions  of  AFI  36-
2603:

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

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Jun 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRT, dated 21 Aug 06.
      Exhibit D. Letter, SAF/MRBR, dated 1 Sep 06.




                             MICHAEL K. GALLOGLY
                             Panel Chair

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