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AF | BCMR | CY2001 | 0002850
Original file (0002850.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02850
            INDEX CODE: 137.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO


___________________________________________________________________

APPLICANT REQUESTS THAT:

The Survivor Benefit Plan (SBP) coverage for his spouse be terminated and
all deductions from his retired pay be reimbursed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

In July 1999, the Defense Finance and Accounting Service (DFAS)  informed
him he needed to be married for one year for his wife to receive benefits
under the SBP.  He was never told he needed to notify DFAS  by  3  August
2000, to terminate coverage.  He received notice of the debit of  $224.35
to his pay.  If activated,  he  will  have  a  financial  burden  due  to
hospital bills.

Applicant's complete submission is attached 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.  Accordingly, there is  no  need  to
recite these facts in this Record of Proceedings.

___________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application
and recommended denial.  The applicant retired 1 July 1967,  and  elected
full spouse only SBP coverage during the initial open enrollment  period,
effective 21 September 1972.  His first wife died on 4 June 1999, and  he
married his current spouse on 31 July 1999.  On 15 September  1999,  DFAS
received the applicant’s request to establish SBP coverage  for  his  new
wife.  He supplied a copy of his first  wife’s  death  certificate.   SBP
coverage and premiums were suspended based on verification of  his  first
wife’s death.  On 31 July 2000, SBP coverage was reinstated  on  his  new
wife’s behalf and monthly premiums were deducted from his retired pay.

A participant’s spouse automatically becomes an eligible  beneficiary  on
the first anniversary of the marriage unless, before that date,  a  valid
election not to resume coverage is completed.  The applicant submitted  a
valid request to reinstate SBP coverage for his new wife within the  time
permitted to make a change in coverage.  The applicant failed to  provide
proof that he sought to  void  his  original  request  to  establish  SBP
coverage for his wife before their first anniversary, as required by law.
 His wife provided a notarized statement concurring  in  the  applicant’s
request to terminate SBP coverage and waiving her eligibility to  receive
approximately $1,208 per month in the event of his death.

A complete copy of the evaluation, with attachments, is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on  15
December 2000, for review and response within 30 days (Exhibit D).  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.  After a thorough review of the
evidence of record and the applicant’s submission, we are  not  persuaded
that he should be allowed to terminate SBP coverage for  his  wife.   His
contentions are duly noted; however, we do not find  his  assertions,  in
and by themselves, sufficiently  persuasive  to  override  the  rationale
provided by the Air Force.  Therefore, we agree with  the  recommendation
of the Air Force and adopt the rationale expressed as the basis  for  our
decision that the applicant has failed to sustain his burden that he  has
suffered either an error or an injustice.  Consequently, in  the  absence
of evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

___________________________________________________________________

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 16 May 2001, under the provisions of AFI 36-2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Mr. Mike Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Aug 2000, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 1 Dec 2000, w/atchs.
    Exhibit D.  Letter, SAF/MIBR, dated 15 Dec 2000.




                                   DAVID C. VAN GASBECK
                                   Panel Chair


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