RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  02-01220
                                        INDEX CODE 137.02
                                        COUNSEL:  None

                                        HEARING DESIRED: No


____________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he filed a timely election for  termination
of spouse coverage under the Survivor Benefit Plan (SBP)  before  the  first
anniversary of his remarriage and be relieved from the SBP premium debt.

____________________________________________________________

APPLICANT CONTENDS THAT:

SBP coverage is insurance that he did not want and has not wanted  it  since
the divorce from his first wife in 1977.  Please note that he  has  attached
a copy of his SBP termination request, dated March 2002.  He was  not  aware
of a legal obligation to continue  SBP  insurance  following  remarriage  in
1986.  He was never advised of the requirement and he believes  that  it  is
unreasonable to think that he should have been aware of it.   The  U.S.  Air
Force was notified of his remarriage  shortly  after  it  occurred  when  he
applied and received an Air Force identification  card  for  his  wife,  and
upon DEERS registration.  Apparently, there was no exchange  of  information
between the personnel people and the finance people on this until  2001  and
2002.

He had not received any financial benefit from SBP insurance  and  the  U.S.
Government has not incurred any financial loss in this case.   Consequently,
no harm has been done.

The accumulated back charges create a  serious  personal  financial  problem
which, at his current age of 72,  he  finds  to  be  impossible  to  resolve
without a severe decline in his standard of living.

To summarize, he believes this debt places an unwarranted  financial  burden
upon him, which is unjust.  He respectfully requests to be relieved  of  it.


In support of his application, he submits retiree account statements  and  a
DD Form 2656-2, Survivor Benefit Plan (SBP) Termination Request.

The applicant's complete submission, with attachments, is at Exhibit A.

____________________________________________________________

STATEMENT OF FACTS:

The member retired 1 Sep 72 and elected spouse only SBP coverage based on  a
reduced level of retired pay during  the  initial  enrollment  period.   The
applicant and that spouse divorced in  1977,  the  finance  center  received
notification of the divorce in May 83, and SBP coverage  and  premiums  were
suspended.  Defense Enrollment Eligibility Report System  (DEERS)  indicates
the member and M_ married on 2 Aug 86.  However, he failed  to  decline  SBP
coverage for his new spouse before the first anniversary of their  marriage,
and she became the eligible spouse beneficiary on 2 Aug 87.  In Jan 02,  the
DFAS  -  Cleveland  Center  (DFAS-CL)  learned  of  the  member's  marriage,
reinstated spouse coverage and premiums, and began to recover  approximately
$11,281 in costs retroactive to the first anniversary.

The remaining relevant facts pertaining to this application, extracted  from
the applicant's military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibit B.

____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR reviewed the application and states that there is no evidence  of
an Air Force error or injustice in this  case;  therefore,  DPPTR  recommend
relief be denied.  However, if  the  Board's  decision  is  to  approve  the
request, the  approval  should  be  contingent  upon  obtaining  the  wife's
properly notarized  statement  concurring  in  the  revocation  of  the  SBP
reduced coverage currently in effect on her behalf.

AFPC/DPPTR evaluation is at Exhibit B.

____________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated that he  sense  a
feeling that there are some people who believe they have uncovered a  source
of income for the government by identifying retirees such as his  self  that
they believe have intentionally evaded something that he consider to  be  an
obscure technicality in the rules of the  SBP  program.   Such  thinking  is
very wrong!  This matter concerns  participation  in  an  insurance  program
that  he  believed  had  been  terminated  25  years  ago.   Can  the  Board
appreciate his feelings at encountering this subject unexpectedly  again  in
the year 2002, at his current age of 73.

He asks for the Board's compassion in this matter, and he request  that  the
Board approves his application for relief.  He submits a statement from  his
wife indicating that she concurs with revocation of SBP coverage.

The applicant's complete submission is at Exhibit C.

____________________________________________________________

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 or injustice.  After reviewing the  evidence
of record,  the  majority  of  the  Board  believes  that  the  relief
requested should be approved.  In this regard,  the  majority  of  the
Board is of the opinion that the applicant truly  believed  that  when
the SBP premiums were suspended upon his divorce in 1977, the SBP  was
in fact terminated.  The majority of the Board  also  notes  that  his
current spouse supports the termination of SBP  coverage.   Therefore,
the majority of  the  Board  recommends  the  applicant's  records  be
corrected to the extent 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 1 August  1987,  he
elected not to extend spouse coverage under the Survivor Benefit Plan
_________________________________________________________________

The following members of the Board considered Docket  Number  02-01220
in Executive Session on 16 August 2002, under the provisions of AFI 36-
2603:

                  Mrs. Barbara A. Westgate, Chair
                  Mr. Joseph A. Roj, Member
                  Mr. Roscoe Hinton, Jr., Member

By a majority  vote,  the  Board  voted  to  correct  the  records  as
recommended.  Mr. Roj voted to deny the applicant's request, but  does
not wish to submit  a  minority  report.   The  following  documentary
evidence was considered:

   Exhibit A.  DD Form 149, dated 4 Apr 02, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPTR, dated 29 Apr 02.
   Exhibit C.  Letter, SAF/MRBR, dated 10 May 02.
   Exhibit D.  Applicant's response, dated 27 May 02, w/atch.




                                   BARBARA A. WESTGATE
                                   Chair




AFBCMR 02-01220




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  1  August
1987, he elected not to extend  spouse  coverage  under  the  Survivor
Benefit Plan.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency