RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  03-00054
		INDEX CODE:  137.00

		COUNSEL:  SIMON GRILL

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her former husband’s records be corrected to show she is entitled to a Survivor Benefit Plan (SBP) annuity.

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APPLICANT CONTENDS THAT:

She, as the widow, is not receiving portions or all retirement monies as the member expected to be passed on to her.

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

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The deceased member and the applicant were married on 9 December 1989.  The member retired on 1 September 1969 and died on 9 June 2000.

Public Law (PL) 105-85 (18 November 1997) established a minimum SBP annuity for a limited, specific group of suvivors -- annuity, certain military surviving spouses (ACMSS) -- also referred to as “forgotten widows,” those unremarried surviving spouses of members, who retired prior to 21 September 1972, the SBP’s initial open enrollment, and died prior to 21 March 1974.  The $188 monthly special annuity became effective 1 December 1997 for surviving spouses, who qualified and applied for the benefit.

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AIR FORCE EVALUATION:

AFPC/DPPTR states that while it is unfortunate the applicant’s husband led her to believe that she would be entitled to an annuity after his death; there is no basis in law which would entitle her to payment of the SBP.  SBP is similar to commercial life insurance in that an individual must elect to participate and pay the associated premiums in order to provide coverage.  It would be inequitable to those members, who chose to participate when eligible and subsequently received reduced retired pay, and to other widows, whose sponors chose not to participate, to provide entitlement to this widow on the basis of the evidence presented.  Therefore, they recommend denial of applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 January 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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.  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 compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 this application in Executive Session on 8 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 30 Dec 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPTR, dated 21 Jan 03.
	Exhibit D.	Letter, AFBCMR, dated 24 Jan 03.