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AF | BCMR | CY2003 | BC-2003-01370
Original file (BC-2003-01370.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01370
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

When he retired from the Air Force, his former spouse  had  already
abandoned the household.  He was able to contact her  to  sign  the
paperwork declining SBP coverage, since they would not  be  getting
back together.  Due to regulations, he was not able to  change  his
marital status, since his divorce was not finalized  until  Dec 97.
At the time he and his former spouse signed the  form  he  was  not
advised of the consequences declining the  SBP  would  have  if  he
decided to remarry.

He has since remarried and would like  his  current  spouse  to  be
entitled to benefits under the plan.

In support of his appeal, applicant provided a copy of his marriage
license, issued 8 Jul 02; a copy of his divorce decree; a copy of a
letter from DFAS, dated 8 Mar 03; a copy of DD Form 2656, Data  for
Payment of Retired Personnel,  and  a  copy  of  his  SBP  Briefing
Certification, signed 4 Mar 97.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant was married and declined SBP coverage, with his  spouse’s
consent, prior to his 1 Jul 97 retirement.  They  divorced  in  Dec
97.   Defense  Enrollment  Eligibility  Reporting  System   (DEERS)
records reflect the applicant remarried on 20 Sep 02.

___________________________________________________________________



AIR FORCE EVALUATION:

HQ AFPC/DPPTR reviewed this application and recommended denial.   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  a
congressionally mandated open enrollment period.

Although applicant claims he was unaware  of  the  consequences  of
declining the SBP, records  reflect  he  signed  the  certification
sheet on 4 Mar 97,  indicating  he  was  properly  briefed  on  the
options and effects of the Plan.  Had the applicant elected  spouse
only coverage at the time of his  retirement,  coverage  and  costs
would have been suspended upon the divorce.   Coverage  would  have
then been  reinstated  on  the  first  anniversary  of  his  second
marriage.

A complete copy of the 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 10 Jun 03 for review and comment within 30  days.   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 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
BC-2003-01370 in Executive Session on 30 September 2003, under  the
provisions of AFI 36-2603:

      Mr. David C. Van Gasbeck, Panel Chair
      Mr. Roscoe Hinton Jr., Member
      Mr. Mike Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 9 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 03.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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