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AF | BCMR | CY2003 | BC-2003-01599
Original file (BC-2003-01599.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01599
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to permit him  to  provide  Survivor  Benefit
Plan (SBP) coverage for his wife.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge from active duty and retirement from  the
United States Air Force on 31 December 1997, he had been divorced  for
almost two years.  At the time, he had no intention to remarry and did
not foresee remarriage in the future.  Although he  completed  all  of
the preretirement briefings at Peterson  AFB,  he  did  not  have  any
reason to participate in the SBP portions.  So, at  the  time  of  his
retirement, he declined enrollment in the SBP program because  he  saw
no need to participate.

In support of the appeal, applicant submits a copy of  DD  Form  2656,
Data for Payment of Retired Personnel and a copy of the  Certification
of SBP Briefing.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was unmarried and elected child only coverage  based  on
full retired pay prior to his  1  January  1998  retirement.   Defense
Enrollment Eligibility Reporting System (DEERS) records show  that  he
and L--- married on 5 May 2000; however, he failed to make an election
to add her to his existing coverage within the  first  year  of  their
marriage.  His monthly premium for child coverage is approximately $7;
costs for spouse and child coverage would be  approximately  $222  per
month.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states that although the applicant claims he was unaware of
the one-year time limit to add his wife, a copy of the SBP RIP located
in his records shows he signed the certification sheet on  29  October
1997, indicating he was properly briefed on the options and effects of
the Plan.  Item H1 clearly and specifically describes the  option  for
members, who have no spouse or child at retirement,  are  eligible  to
elect SBP  for  these  dependents  within  one  year  of  acquisition.
Additionally,  the  Afterburner,  News  for  USAF  Retired  Personnel,
published January 2000, four  months  before  his  marriage,  reminded
retirees of the opportunity to enroll their newly acquired  spouse  in
the Plan within the first year of marriage.  It would be  contrary  to
the letter and intent of the law, as well  as  inequitable,  to  grant
this applicant an additional opportunity not afforded to other members
similarly situated.  Therefore, they recommend denial  of  applicant’s
request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 June 2003, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response 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
and adopt their rationale as the basis for  the  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  this  application,  BC-
2003-01599, 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 5 May 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPTR, dated 5 Jun 03.
      Exhibit D. Letter, SAF/MRBR, dated 9 Jun 03.




                             DAVID C. VAN GASBECK
                             Panel Chair

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