RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01259
            INDEX CODE 137.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to establish Survivor Benefit Plan  (SBP)  coverage  for
his wife.
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APPLICANT CONTENDS THAT:

He recently discovered  that  on  his  Retiree  Account  Statement  of
January 10, 2002,  it  did  not  reflect  that  he  selected  the  SBP
coverage.  This was an error.  Upon his  retirement  and  briefing  on
April 17, 1986, AF Form 10 was signed requesting SBP coverage for  his
spouse.  He had spoken with Defense  Finance  and  Accounting  Service
(DFAS) Cleveland Center within two or three days of  finding  it  out.
DFAS informed him that he would have to locate a copy of his SBP  form
signed at the time of his retirement.  He did not have a copy  of  the
AF Form 10, in his personnel  records.   Therefore,  after  contacting
DFAS office, he was instructed to submit a request for a search of his
personnel records at the  National  Personnel  Records  Center  in  St
Louis, MO.

In support of his request, the applicant submits a personal letter,  a
copy of his retiree account statement, and  a  request  pertaining  to
military records, a letter from National Personnel Records Center  and
a copy of his certification of SBP Briefing.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was notified of his eligibility to  participate  in  the
Survivor Benefit Plan (SBP) on 3 March 1986 and on 17 April 1986.   He
signed AF Form 10 indicating that he had been briefed on the  Survivor
Benefit Plan.

Applicant was married on 3 September 1966 and retired on 1 July 1986.

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AIR FORCE EVALUATION:

AFPC/DPPTR recommended denial.  The member's claim that he  signed  an
"AF Form 10" requesting SBP coverage for his wife prior to  retirement
is without merit, since the form used to make an SBP election at  that
time was the AF Form 694,  Data  for  Payment  of  Retired  Air  Force
Personnel.  The member and E--  were  married  on  3  September  1966;
however, finance records indicate that he declined SBP coverage  prior
to his 1 July 1986 retirement.  The  Defense  and  Accounting  Service
(DFAS) records contain an annotation indicating that the member's wife
concurred in his election.

The AFPC/DPPTR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


The applicant reviewed the Air Force evaluation and stated that he was
not aware of any discrepancies in his election of  the  SBP  upon  his
retirement or thereafter.  For 16 years, he was under  the  impression
that he had been enrolled in the SBP program and it was not until  his
wife noticed the, No SBP Election reflected on his  January  10,  2002
Retiree Account Statement, that made  him  aware  that  something  was
wrong with his records.  His wife has always handled  their  financial
matters from the beginning of their marriage.  She would look at these
statements only to see what his net pay was and the  taxes  that  were
being withheld from his pay.  He was under the impression that all was
correct and in place for his SBP account.  He would still have been in
the mindset, that he was properly enrolled in the SBP program, if  she
had not brought it to his attention when  she  did.   In  closing,  he
assures the Board that he would never have knowingly refused  to  sign
up for the SBP program.  He would gladly pay back all monies  owed  to
the government based upon DFAS calculations of what he was required to
pay over the past 16 years.  The applicant’s complete response  is  at
Exhibit E.


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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 an error or injustice.  After a  thorough  review  of
the  evidence  of  record  and  applicant's  submission,  we  are  not
persuaded that he should be allowed to establish SBP coverage for  his
spouse.  Applicant's contentions are duly noted to  include  the  fact
that he signed  AF  Form  10  indicating  that  he  received  the  SPB
briefing. However,  we  do  not  find  these  assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force.  Furthermore, no evidence was presented  that  would
lead us to believe that the SBP form on file at the Defense Accounting
and Finance Service indicating that  he  declined  SBP  coverage  with
spouse concurrence is in error.  Therefore, in the absence of evidence
to the contrary, we find no compelling basis to recommend granting the
relief sought in this application

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THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an material error or an  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.

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The following members of the Board considered Docket  Number  02-01259
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

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 Apr 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPTR, dated 29 Apr 02, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 10 May 02.
      Exhibit E. Applicant's response, dated 28 May 02.




      BARBARA A. WESTGATE
      Chair