RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00727
		INDEX CODE  137.01
		COUNSEL: NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her deceased spouse did not realize that the forms were not filled out until he got sick.  He remembered getting the paperwork and putting it aside because he was very involved in preparing for an inspection.  They gave statements to his commanders in October 2001 to correct this, but they assume no one followed through.

She feels she is entitled to any and all benefits regarding her spouse, as this is what he would have chosen had he not been preparing for an inspection.  They have been a part of the military 22 of the 24½ years they were married.

In support of her request, applicant submits a copy of the former member’s Death Certificate.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the former member’s military records, are contained in the letter prepared by the appropriate office of the Air Force (Exhibit C).

_________________________________________________________________

AIR STAFF EVALUATION:

HQ ARPC/DPS reviewed this application and recommended denial.  Based on the evidence of record, a Reserve Component Survivor Benefit Plan (RCSBP) package was sent to the former member and signed for on 1 February 2000; he was given a 90-day suspense.  Since he did not reply within the 90-day timeframe, he was automatically enrolled in Option A, Deferred election until age 60.  He remained eligible to elect coverage under the RCSBP upon reaching age 60.  The member died on 15 Nov 01, prior to reaching age 60.

By law, (Title 10 U.S.C., Sec. 1448(a)(2)), members must complete an election within 90 days of receipt, otherwise the member remains eligible to make an election at age 60.

The decedent’s spouse is entitled to other benefits as the unremarried widow of a retirement-eligible member.  She is eligible to utilize the Commissary, Base Exchange and other base services.  The date when the decedent would have turned age 60, applicant will be eligible for medical care through the TRICARE program.  There may also be benefits she is entitled to through the Department of Veterans Affairs (DVA).

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 May 2002 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

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 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.

_________________________________________________________________

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 02-00727 in Executive Session on 16 August 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Feb 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPS, dated 29 Apr 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 10 May 02, w/atchs.