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AF | BCMR | CY2003 | BC-2002-02286
Original file (BC-2002-02286.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02286
            INDEX CODE:137.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect  that  he  elected  former  spouse
coverage under the Survivor Benefit Plan (SBP) annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not fully understand  SBP  at  the  time  he  was  leaving  the
security of military service and he was under stress with a  wife  and
seven children.

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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states the applicant and Z were married  on  14  May  1954.
The applicant declined  SBP  coverage  prior  to  his  1  August  1975
retirement.  The applicant and Z were divorced on 9 March  1994.   The
laws governing SBP prohibits a married service  member  from  electing
coverage under SBP for a former spouse if the service member  declined
coverage prior  to  retirement  unless  Congress  authorizes  an  open
enrollment  period.   Public  Law   (PL)   105-261   authorized   open
enrollment for one year from 1 March 1999 through  29  February  2000.
Open enrollment packages were mailed to all  retired  service  members
advising them of the opportunity to make or change  an  SBP  election.
The January 1999 edition of the Afterburner,  News  for  USAF  Retired
Personnel, included points of contact, the necessary forms to make  or
change an SBP
election.  The Afterburner was mailed to the service members using the
address the members provided to the finance center.

The applicant had two other opportunities to make an election for  SBP
during the open enrollments period 1 October 1981 - 30 September  1982
and 1 April 1992 - 31 March 1993; there is no evidence indicating that
he made an election during either open enrollment.   DPPTR  recommends
denying the applicant's request.

A complete copy of the evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 16 August 2002, for review  and  response.   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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure of 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 the recommendation of  the  Air
Force and adopt their rationale as the basis for our  conclusion  that
the applicant has not been the victim of an error or  injustice.   The
applicant declined SBP coverage prior to his retirement therefore,  in
accordance to the governing statute, he is  not  authorized  to  elect
coverage for a former spouse after retiring.  We note, he was afforded
the  opportunity  to  enroll  in  SBP  during  two   authorized   open
enrollments, but failed to  do  so.   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-
02286 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 1 Jul 02.
      Exhibit B. Letter, HQ AFPC/DPPTR, dated 14 Aug 02.
      Exhibit C. Letter, SAF/MRBR, dated 16 Aug 02.




                             DAVID C. VAN GASBECK
                             Panel Chair

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