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AF | BCMR | CY2003 | BC-2003-01653
Original file (BC-2003-01653.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01653
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His participation in the Survivor Benefit Plan (SBP) be terminated.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He elected SBP coverage  during  his  last  marriage  and  was  not
informed that  he  could  only  cancel  the  insurance  if  he  was
divorced.  He has been separated from his wife for over a year  and
no longer feels obligated to provide her coverage.

In support of his appeal, applicant submitted a copy of his Retiree
Account Statement, effective 2 Jan 03.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Based on facts provided by the Air Force, applicant and his  former
spouse were married and he elected spouse and child coverage  based
on full-retired pay prior to his 1 Jan 89 retirement.  Coverage was
suspended following their divorce on 9 Nov 92.  The record reflects
the applicant remarried on 12 Mar 94 and divorced  on  20  Apr  95.
His third marriage was on 14 Jun 95, but  he  failed  to  submit  a
request to not extend SBP coverage to his  third  wife  before  the
first anniversary of their marriage; therefore,  his  third  spouse
became the eligible spouse beneficiary on 14 Jun 96.  On 5 Feb  01,
DFAS-CL processed member’s request to update his records to reflect
on 6 Apr 00 he acquired an eligible child under the SBP.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR reviewed this  application  and  recommended  denial.
Public Law (PL) 99-145 provides a one-year period during which  SBP
participants with suspended spouse coverage who remarry may  choose
to not extend SBP protection to the newly acquired spouse.  Written
requests  must  be  received  within  the  first   year   following
remarriage.

The statute ensures that  qualified,  newly  acquired  spouses  are
afforded the protection of  the  SBP  regardless  of  the  member’s
failure or  delay  in  requesting  the  coverage.   This  automatic
feature of the SBP was adjusted by PL 99-145, but required that the
applicant take specific action  to  prevent  his  new  spouse  from
becoming  the  eligible  SBP  beneficiary.   Applicant  had   ample
resources available to learn about his opportunity  to  not  extend
SBP coverage  following  remarriage.   Information  and  points  of
contact were published in the Afterburner, News  for  USAF  Retired
Personnel, reminding retirees of  their  options  upon  remarriage.
They advise participants to contact the finance center  immediately
upon gaining or losing a potential  beneficiary.   Retired  members
are personally responsible to ensure they obtain  or  exempt  their
dependents’ entitlement to military benefits.

While the applicant acted in a timely manner to notify  DFAS-CL  to
update his SBP to reflect his newly acquired ward, it is reasonable
to expect him to have also acted properly  to  inform  the  finance
center he did not wish to extend SBP coverage to his third spouse.

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 17 Jan 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-2003-01653 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 7 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 12 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 03.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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