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AF | BCMR | CY2003 | BC-2003-00225
Original file (BC-2003-00225.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00225
            INDEX CODE:  137.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  provided  an  opportunity  to  elect  Survivor  Benefit  Plan  (SBP)
coverage.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He does not recall being briefed or offered his right to elect SBP  coverage
for his spouse and is now told  he  is  ineligible.   The  timeframe  was  a
difficult time for him personally and he may not have been aware of the  SBP
program.  His complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant retired from the Air Force on 1 Sep  66  in  the  grade  of  staff
sergeant.  Retired Serviceman's Family  Protection  Plan  (RSFPP)  elections
were required to be made before completing 18  years  of  service.   Members
were provided an  18-month  enrollment  period  following  the  21  Sep  72,
enactment of the SBP program.  Retirees  were  provided  a  one-year  period
from the date of marriage for the first spouse acquired  after  21  Sep  72.
Applicant's marital status  on  21  Sep  72  is  unknown  and  there  is  no
indication he elected RSFPP coverage for his  previous  wife  prior  to  his
retirement.  He and his current wife were married on 23 Apr  82.   There  is
no evidence he elected SBP coverage during  the  initial  enrollment  for  a
previous wife, during the first year of marriage for his  current  wife,  or
during either of the open enrollment periods.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.   DPPTR  states  that  the  member  offers  no
compelling evidence that justifies extending him  a  fourth  opportunity  to
provide SBP coverage for  his  wife.   It  would  be  inequitable  to  other
retirees similarly situated to grant his request.  There is no  evidence  of
Air Force error or injustice nor any merit  in  fact  of  basis  in  law  to
approve this case.  The DPPTR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28  Feb
03 for review and comment within 30 days.  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  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.
Election for coverage of a newly acquired spouse must  be  made  before  the
first anniversary of the marriage.  The first anniversary  of  his  marriage
was 23 Apr 83.  We see no evidence which would lead us to  believe  that  he
made any  attempt  to  provide  SBP  coverage  for  his  spouse  within  the
specified period of time nor  are  we  persuaded  by  his  contentions  that
information pertaining to the SBP program and his election options  was  not
made available to him.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought in this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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  BC-2003-
00225 in Executive Session on 26 Jun 03, under the  provisions  of  AFI  36-
2603:

      Mr. Joseph A. Roj, Panel Chair
      Mr. Roscoe Hinton, Member
      Mr. William H. Anderson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jan 03.
    Exhibit B.  Letter, AFPC/DPPTR, dated 21 Feb 03.
    Exhibit C.  Letter, SAF/MRBR, dated 28 Feb 03.




                                   JOSEPH A. ROJ
                                   Panel Chair

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