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AF | BCMR | CY1999 | 9801949
Original file (9801949.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-01949
            INDEX NUMBER:  137.04
            COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to establish Survivor Benefit Plan  (SBP)  coverage  for
his current spouse.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letter prepared  by
the appropriate office of the Air  Force  (Exhibit  C).   Accordingly,
there is no need to recite these facts in this Record of Proceedings.

___________________________________________________________________

AIR FORCE EVALUATION:

The Retiree Services Branch, AFPC/DPPTR, reviewed this application and
recommended denial.  A complete copy of the evaluation is  at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s response to the Air Force evaluation and a letter received
from his physician are at Exhibit E.

___________________________________________________________________




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 probable error  or  injustice.   The  law  governing  the
Survivor Benefit Plan (SBP) provides that a member who is  married  at
the time of retirement and fails to provide coverage for  an  eligible
spouse may  not  provide  coverage  in  the  future,  unless  Congress
authorizes an open enrollment.  Nevertheless, a review of the evidence
provided indicates that the applicant’s former spouse had deserted the
family prior to him becoming eligible to make an election for survivor
coverage.  Therefore, we believe his decision not to elect coverage in
her behalf was made in good faith, based on his circumstances  at  the
time.  We further note that he did  elect  to  establish  coverage  in
behalf of his  children,  which,  in  our  opinion,  demonstrated  his
intention to provide for his survivors.  For this reason,  we  believe
that  the  requested  relief  is  warranted  and  recommend  that  the
applicant’s records be corrected as indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 31 December  1975,
he elected Survivor Benefit Plan spouse and child  coverage  based  on
full retired pay, the spouse coverage was suspended on 1 October 1976,
and reestablished effective 1 December 1997.

___________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 May 1999, under the provisions of AFI 36-2603:

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

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, undated, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPTR, dated 25 Jan 99, w/atch.
     Exhibit D.  Letter, SAF/MIBR, dated 8 Feb 99.
     Exhibit E.  Letter, Applicant, dated 18 Feb 99; Letter from
                 Applicant’s Physician, dated 28 Apr 99.




                                   BARBARA A. WESTGATE
                                   Panel Chair



AFBCMR 98-01949




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to [APPLICANT], be corrected to show that on 31
December 1975, he elected Survivor Benefit Plan spouse and child
coverage based on full retired pay, the spouse coverage was suspended
on 1 October 1976, and reestablished effective 1 December 1997.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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