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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