RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02858
		INDEX NUMBER:  137.04
		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her late husband's records be corrected so that she may be eligible for a Survivor Benefit Plan (SBP) annuity.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The 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 C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommended denial.  They stated that Public Law (PL) 92-425, which established the SBP, required the spouse to be notified when a member, who retired on or after 21 Sep 72, declined or elected less than maximum coverage.  The law was amended to require the spouse’s written concurrence in elections for less than maximum spouse coverage.  However, both requirements applied only to the spouse married to the member at the time of retirement.  Although the decedent’s prior marital and family history is unavailable, records indicated the member declined SBP coverage prior to his 1 Jun 77 retirement.  The applicant and the member married on 11 Nov 89 and he died on 21 Sep 01.

The member could have elected SBP coverage on two open enrollment periods (1 Apr 92 – 31 Mar 93) and (1 Mar 99 – 29 Feb 00), but he failed to do so.  They further state that there is no evidence of an error or injustice in this case.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 Nov 01 for review and comment within 30 days.  Through her member of Congress, applicant provided her husband’s first wife’s death certificate (Exhibit E).

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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 probable 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 their 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.

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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.

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The following members of the Board considered this application AFBCMR Docket Number 01-02858 in Executive Session on 23 April 2002, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter,  HQ AFPC/DPPTR, dated 29 Oct 01, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Nov 01, w/atchs.