RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02874
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) be changed from child only to
spouse and child coverage.
___________________________________________________________________
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 Air Force stated that the applicant elected child only SBP
coverage based on full retired pay prior to his 1 Mar 73
retirement. He was remarried on 3 Mar 79. His youngest child lost
eligibility on 1 Jul 95 and coverage and the monthly SBP costs
ceased. The premium for child coverage at that time was less than
$5 per month. Coverage for the applicant’s spouse would be
approximately $87 per month.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPTR reviewed this application and recommended denial.
They stated that a member who fails to provide SBP coverage for an
eligible spouse at the time of retirement may not later elect
coverage for that person, or another person of the same category,
unless Congress authorizes an open enrollment. Members, who are
unmarried when they retire, may elect spouse coverage before the
first anniversary of their post-retirement marriage. The law
contains no automatic enrollment provision that extends SBP
coverage to a spouse acquired after retirement unless spouse
coverage had been previously elected, then suspended due to the
death or divorce of the previous beneficiary.
The applicant was eligible to add his wife to his child only
coverage during three SBP open enrollment periods authorized by
Public Laws (PLs) 97-35 (1 Oct 81 – 30 Sep 82), 101-189 (1 Apr 92 –
31 Mar 93), and 105-261 (1 Mar 99 – 29 Feb 00). During each
enrollment period, members were advised by direct mail of their
eligibility to make an election. The enrollment packets, as well as
the Afterburner, USAF News for Retired Personnel, published during
those timeframes, were sent to the correspondence address members
had provided the finance center and contained points of contact for
retirees to use to gain additional information.
A complete copy of the evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterated his original contention to have his SBP
coverage changed. He states that he was not aware of the provision
to change his election during open enrollment and never received
notification.
He provided information in regards to his previous marriage and
current marriage.
In support of his response, applicant provided a copy of a letter
from counsel dated 15 Dec 75, referencing his divorce decree.
Applicant’s complete response is at Exhibit D.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of 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.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 AFBCMR Docket Number
02-02874 in Executive Session on 21 January 2003, under the
provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Sep 02, w/atch.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 17 Sep 02.
Exhibit C. Letter, SAF/MRBR, dated 20 Sep 02.
Exhibit D. Letter, Applicant, undated.
DAVID C. VAN GASBECK
Panel Chair
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