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AF | BCMR | CY2003 | BC-2002-03879
Original file (BC-2002-03879.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2002-03879
                                       INDEX CODE:  137.04
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXXXXX                    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to permit him to elect spouse  coverage  under  the
Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He declined spouse coverage under SBP at the time of his retirement  because
his current wife was dying of cancer.  He has now remarried  and  wishes  to
change his election to spouse coverage.

The  applicant  provided  no  evidence  in  support  of  his  appeal.    The
applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was relieved from active  duty  on  31  August  1979  with  21
years, 8 months and  28  days  of  service  and  retired  in  the  grade  of
technical sergeant effective 1 September 1979.

The remaining 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 at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  There is no evidence of an  Air  Force  error
or injustice in this case.  Had the applicant elected  spouse  only  SBP  at
the time of his retirement, coverage and costs  would  have  been  suspended
upon the death of his spouse.  Coverage would have been  reinstated  on  the
first anniversary of his marriage to each subsequent spouse.

A member, who has an eligible beneficiary, but fails to elect  coverage  for
that person, may not later provide coverage  for  that  person,  or  another
person of the same  category  except  during  congressionally-mandated  open
enrollment  period.   Public  Laws  (PLs)  97-35,   101-189,   and   105-261
authorized open enrollment periods (1 October 1981 - 30  September  1982,  1
April  1982  -  31 March  1993,  and  1  March  1999  -  29  February  2000,
respectively.)  During each  enrollment  period,  members  were  advised  by
direct mail of their eligibility to make an election.  The applicant had  an
opportunity to elect coverage for his  current  wife  during  the  1999-2000
open enrollment season; however, there is no evidence that  he  submitted  a
valid election.  SBP is similar to commercial  life  insurance  in  that  an
individual must elect to participate and  pay  the  associated  premiums  in
order to provide coverage.  It would be inequitable to  those  members,  who
chose to elect spouse  coverage  when  eligible  and  subsequently  received
reduced retire pay, to provide an additional opportunity for this member  to
provide SBP coverage.  Had the applicant elected SBP  spouse  coverage,  his
premiums would  have  been  approximately  $81  per  month.   If  relief  is
granted, retroactive costs approximate $20,000  plus  interest.   The  DPPTR
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  17
January 2003 for review and response (Exhibit D).  As of this  date,  this
office has received no response.

_________________________________________________________________

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 probable error or injustice.  After reviewing the evidence  of
record, we are not persuaded that the applicant has been the victim  of  an
error or injustice.  Since the applicant chose not to  elect  SBP  coverage
for his spouse at the time of his retirement, he will have to  wait  for  a
congressionally-mandated open enrollment period to elect coverage for  that
beneficiary or another person of the same category.  The applicant  had  an
opportunity to elect SBP coverage for his current spouse during  the  1999-
2000 open enrollment period; however, he has not provided any evidence that
he submitted a valid election.  In addition, the applicant has provided  no
evidence that would lead us to believe  that  the  SBP  counselor  provided
misleading or  inaccurate  information  at  the  time  of  his  retirement.
Therefore, in the absence of substantive evidence to the contrary, 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.
Accordingly, 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 this application in  Executive
Session on 8 April 2003, under the provisions of AFI 36-2603:

      Mrs. Kathy L. Boockholdt, Panel Chair
      Mr. Roscoe Hinton Jr., Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. BC-2002-03879:

      Exhibit A.  DD Form 149, dated 4 Dec 02, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPTR, dated 9 Jan 03.
      Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.




                                                   KATHY L. BOOCKHOLDT
                                                   Panel Chair


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