RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01398
            INDEX CODE:  137


            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS:

Corrective action that would allow him to establish  Survivor  Benefit
Plan (SBP) coverage for his wife.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He attempted to enroll during the 1992-93 open enrollment  period  but
the Defense Finance and Accounting Service (DFAS) must have  lost  his
election form during their move from Denver to Cleveland.  He was  not
furnished a second form for his records and he sent  the  original  to
Denver.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was married  but  elected  child  only  coverage  under  the
Retired Serviceman’s Family Protection Plan (RSFPP) prior to his 1 Jun
71 retirement.  He failed  to  elect  SBP  coverage  during  the  open
enrollment periods authorized by Public Law (PL) 92-425  (21 Sep  72 -
20 Mar 74), PL 97-35 (1 Oct 81 - 30 Sep 82), and by PL 101-189  (1 Apr
92 - 31 Mar 93).  There is no documentation available, either from the
applicant or the finance center indicating that  he  took  any  action
during these open enrollment periods to enroll his wife in the plan.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Retiree  Services  Branch,  AFPC/DPPTR,   reviewed   this
application and states  that  a  member,  who  is  married  during  an
enrollment period, may elect coverage for an eligible  spouse  but  if
the retiree fails to provide coverage during  that  opportunity,  they
may not provide coverage in the future, unless it  is  during  another
open enrollment period.  The applicant offers no  explanation  why  he
waited over 25 years to seek SBP coverage for  his  wife  nor  why  he
failed to challenge the alleged loss of his 92-93 enrollment election.
 In the  absence  of  any  substantiating  documentation,  DPPTR  must
assume, based on his previous failure to take  affirmative  action  to
enroll his spouse, that he neglected to take timely action during  the
92-93 open season as well.  His claim that he was  only  provided  one
copy of the election form is immaterial since he had  the  opportunity
to make duplicate copies for his own use before and after the form was
completed.  Finally,  instructions  to  the  retirees  on  the  proper
procedures for making an election stressed the importance  of  sending
the election “certified” with a return receipt requested  to  preclude
disputes.  There is no evidence of Air Force error;  therefore,  DPPTR
strongly recommends denial of applicant’s request.

A complete copy of the Air Force evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated  that  he  will
concede that the advisory opinion had some facts that  are  true.   He
did elect to have SBP for his children when  he  retired  during  open
season.  During the open season (1 Oct 81 - 30 Sep  82),  there  were,
what he feels, extenuating circumstances.  He had  filed  for  divorce
after 25 years of marriage.  Personnel told  him  that  since  he  was
getting a divorce, the SBP would be canceled.  In August of  1982,  he
started attending church and was saved.  Since then, he has not smoked
or drank (sic) but he did not have the memory he had before.   By  the
time he was aware that he had not signed up for SBP, it was  too  late
as open season had closed.  When the next open season opened in  1992,
he went to personnel at Kirtland AFB and was informed  that  he  would
have to contact the retirement center in Denver.  No one told him that
he should make a copy of the form nor was he told to return  the  form
by certified mail.  He returned the forms in Dec 92 - Jan 93.  He  was
also informed of the move from Denver to Cleveland and that  he  would
be hearing from Cleveland when the move was close  to  being  finished
but did not hear from anyone and time past and he forgot.

Applicant's complete response is attached at Exhibit D.

_________________________________________________________________

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
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.

4.    Although we found no basis to favorably consider the applicant’s
stated request, we note that he  is  eligible  to  establish  survivor
coverage under the current open enrollment period authorized by Public
Law 105-261, which began on 1 March 1999 and ends on 29 February 2000.
 Further  information  may  be  obtained  by  contacting  the  Retiree
Services Branch at the Air Force Personnel  Center.   Their  telephone
number is 1-800-531-7502 or (210) 565-2273.

_________________________________________________________________

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.

________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 May 1999, under the provisions of AFR 31-3:

           Mrs. Barbara A. Westgate, Panel Chair
           Ms. Ann L. Heidig, Member
           Mr. Mike Novel, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 May 98, w/atchs.
   Exhibit B.  Letter, AFPC/DPPTR, dated 14 Sep 98.
   Exhibit C.  Letter, AFBCMR, dated 28 Sep 98.
   Exhibit D.  Applicant's Response, 3 Oct 98.



                                   BARBARA A. WESTGATE
                                   Panel Chair