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AF | BCMR | CY1999 | 9802486
Original file (9802486.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02486
            INDEX NUMBER:  137.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

That he be permitted to establish Survivor Benefit Plan (SBP) coverage
for his wife after the time period to do so expired.

___________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his retirement, he was not married  so  he  established
SBP coverage for his  son.   He  retired  in  1995  and  remarried  on
4 January 1997.  He does not recall anyone telling  him  that  he  had
only one year to enroll his wife if he married.

Applicant’s complete statement and a copy of his marriage  certificate
are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Prior to his retirement on 1 September 1995, applicant  was  unmarried
and elected child only coverage, based on maximum annuity.  He married
on 4 January 1997, but failed to submit a valid election to  establish
spouse coverage before the first anniversary.

___________________________________________________________________

AIR FORCE EVALUATION:

The Retiree Services Branch, AFPC/DPPTR, reviewed this application and
recommended denial stating there is no evidence of Air Force error  or
injustice.  A member,  who  is  unmarried  at  retirement,  may  elect
coverage for a newly acquired spouse; however, the  election  must  be
made before the first anniversary of the marriage or  during  an  open
enrollment period.

DPPTR stated that while it’s impossible to ascertain what  information
was or was not provided to the applicant when he retired, it  is  each
member’s responsibility to take the steps  necessary  to  provide  SBP
coverage at the appropriate time.  Although the applicant’s request to
establish spouse coverage was not submitted during the  time  provided
by  the  statute,  Public  Law  105-261  authorized  a  one-year  open
enrollment period (1 Mar 99 - 29 Feb 2000).  The applicant may  enroll
in the Plan during this opportunity.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
29 March 1999 for review and comment within 30 days.  As of this date,
no response has been received by this office.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

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
office of primary responsibility 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 AFI 36-2603:

      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 31 Aug 98, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 17 Mar 99, w/atch.
    Exhibit D.  Letter, SAF/MIBR, dated 28 Mar 99.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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