RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03877
		INDEX CODE:137.04
		COUNSEL:  XXXXXXXXXX
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her husband's election for spouse-only coverage under the Survivor Benefit Plan (SBP) be reinstated.  

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APPLICANT CONTENDS THAT:

The former member forged her signature on the declination form, DFAS-CL 1741/117, Survivor Benefit Plan Withdrawal Consent.  She firmly believes that her husband wants to leave her financially ruined.

In support of her request, the applicant provides a copy of a Sedalia Police Department Offense Report and a copy of the SBP withdrawal consent form.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Records reflect the former member retired effective 1 May 72 in the grade of master sergeant. 

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the Air Force Review Boards Agency Legal Advisor at Exhibit B. 

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AIR FORCE EVALUATION:

The AFRBA Legal Advisor recommends the Board consider what the police investigation did establish.  According to the report provided, the former member did not deny signing his spouse's name to the form but claimed he did not recall.  He denied he ever intended to deny his spouse benefits.  To the police officer's eye (and even to a layperson's eye) the signature on the form looks like the former member's.  Accordingly, even without concluding there is forgery, the preponderance of the evidence supports a finding that the applicant did not sign this form, as is legally required, and thus, there is an error in these records which should be corrected.  
The complete AFRBA Legal Advisor evaluation is at Exhibit B.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was sent to the applicant on 25 Jan 08 for review and comment within 30 days.  As of this date, this office has received no response.

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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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error and injustice warranting corrective action.  Noting the evaluation rendered by the SAF/MRB Legal Advisor, we agree with his opinion and recommendation in this particular instance.  In this regard, we considered what the police investigation did establish - the former member did not deny that he forged his spouse's signature and further stated that the declination was in error in that he never intended to deny his spouse SBP benefits.  In view of the totality of the circumstances involved, we believe reasonable doubt has been established as to whether the applicant signed the SBP withdrawal consent form.  Therefore, we recommend the records be corrected to the extent indicated below.  It should be noted, however, reinstatement of SBP benefits is contingent upon recoupment of retroactive costs.

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 involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 1 May 2000, he elected spouse-only coverage under the Survivor Benefit Plan (SBP) based on full retired pay, naming XXXXXXXXXX, as the eligible spouse beneficiary.

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The following members of the Board considered Docket Number BC-2007-03877 in Executive Session on 26 June 2008, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to Docket Number BC-2007-03877 was considered:

    Exhibit A.  DD Form 149, dated 15 Nov 07, w/atchs.
    Exhibit B.  Letter, SAF/MRB Legal Advisor, dated 24 Jan 08.
    Exhibit C.  Letter, AFBCMR, dated 25 Jan 08, w/atch.