RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-03497
			INDEX CODE:		 137.01
	  		COUNSEL:  None

			HEARING DESIRED:  No
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APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to show that he elected to participate in the Survivor Benefit Plan (SBP) annuity.

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APPLICANT CONTENDS THAT:

She did not receive notification of her husband’s SBP election when he retired.  The applicant contends she is finding it difficult to live on social security disability and believes that she should be entitled to SBP after spending thirty-three (33) years with the former member.

In support of her request, applicant provided a notarized sworn statement that she did not receive notification of his SBP election when he retired; a copy of her husband’s AF Form 694, Data for Payment of Retired Air Force Personnel, a copy of his 
DD 214, Marriage Certificate, and her late husband's Certificate of Death.  Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Documents provided by the applicant establish that she and the member were married on 6 November 1965.  Defense Finance and Accounting Service (DFAS) records indicate that the member declined SBP coverage prior to his 1 September 1985 retirement.  The applicant provided a copy of the member’s election form completed on 20 August 1985 at Nellis AFB, NV.  The applicant’s signature, also dated 20 August 1985 is contained on the reverse of the form.  The former member died on 17 July 1998.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR reviewed applicant’s request and recommends denial. The U.S. Court of Claims has consistently ruled that widows who are not given notice of their sponsor’s election are entitled to full SBP coverage.  In these cases, there were no records that the required notice was given to the spouse.  This applicant did not claim, nor is there any indication her signature was forged.  Furthermore, finance center microfiche records created at the time of the member’s retirement reflect she signed the AF Form 694, Data for Payment of Retired Air Force Personnel.  Nevertheless, the applicant has provided a sworn statement that the required notice was never received.  While it is unfortunate the applicant is suffering from serious medical conditions, she does not meet the criteria as a Barber widow.  The record shows that the member submitted a valid election to decline SBP coverage and his spouse was properly notified of the options and effects of the plan.  The DPPTR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the advisory and states that she never received counseling on the SBP program from the Personal Affairs office.  She states that her husband may have completed the form on base, that she has never discussed not receiving SBP benefits with anyone, and was not informed on what she was signing.  The applicant also states that she was told by her husband to sign the form.  The applicant’s complete submission is at attachment D.
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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 error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that the deceased member’s records should be altered so that his surviving spouse would be eligible to receive a SBP annuity.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or an injustice.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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.
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The following members of the Board considered Docket Number 02-03497 in Executive Session on 21 January 2003 under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Nov 02, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPTR, dated 27 Nov 02.
   Exhibit C.  Letter, SAF/MRBR, dated 10 May 02.
   Exhibit D.  Letter, Applicant’s Response, dated 19 Dec 02.