RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02485
            INDEX CODE: 137.00, 137.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO



_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  his  wife’s  Survivor  Benefit  Plan
(SBP) coverage was terminated.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He signed the SBP election certificate in error.  His wife left him in
1973, but there was no divorce.

In support of his request, the applicant submits a copy  of  a  letter
from a congressional staffer, a letter from the  Defense  Finance  and
Accounting Service (DFAS)  and  his  SBP  Election  Certificate  -  By
Existing  Retiree.   The   applicant’s   complete   submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel Data System (MilPDS)
reveals that the applicant was relieved from active duty on  31  March
1959 and retired on 1 April 1959 in the grade of master  sergeant  (E-
7).
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends the application be denied.  DPPTR states that
the laws controlling the SBP did not permit arbitrary  termination  of
an eligible beneficiary’s coverage until enactment of Public Law  (PL)
105-85, 18 November 1997.  This statute  permits  retirees,  who  have
been rated totally disabled by the  Department  of  Veterans’  Affairs
(DVA) for five years effective on the date of retirement, or ten years
if that rating was awarded subsequent to retirement, to terminate  SBP
coverage.  PL 105-85 provided for a one-year period (17 May 1998 -  16
May 1999) during which SBP participants could arbitrarily  discontinue
their participation.  Information, points of contact, as well  as  the
required form were included in the May 1998 issue of the  Afterburner,
News for USAF Retired Personnel, which was mailed to  the  applicant’s
current residence.  There is no record that he  submitted  a  properly
completed request during this period.

DPPTR indicates that  the  Defense  Enrollment  Eligibility  Reporting
System (DEERS) reflects the applicant and XXXXX were married on 6 July
1946.  On 20 February 1973, the applicant  elected  spouse  and  child
based on full retired pay.  SBP premiums have been deducted  from  the
applicant’s retired pay from March 1973 until July 2001, when his  DVA
disability compensation  first  exceeded  his  retired  pay.   DFAS-CL
established a direct remittance account at that time, but no  payments
have been received and a debt of approximately $2,200 has accrued.

DPPTR states that there is  no  record  the  applicant  questioned  or
protested his coverage for over 28 years.  The SBP  does  not  include
spousal desertion as a basis for terminating coverage.  DEERS does not
contain any indication that the parties are  now  or  have  ever  been
divorced.  There is no evidence of an Air Force  error  or  injustice,
nor is there any basis in law to grant relief.   However,  should  the
Board grant the requested relief, approval should be  contingent  upon
obtaining a witnessed statement from XXXXX in which  she  acknowledges
that retired pay ceases when the applicant dies and she concurs in the
termination of her SBP coverage.  The HQ AFPC/DPPTR evaluation  is  at
Exhibit B.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory  opinion  and  indicated  that  no
divorce was ever mentioned.  In  some  states  you  are  automatically
divorced after such a  length  of  time.   He  needs  no  records.   A
complete copy of the applicant's submission is at Exhibit D.
_________________________________________________________________

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.  After a thorough review  of  the
evidence of record and applicant’s submission, we are unpersuaded that
he should be allowed to terminate spouse coverage under the SBP.   His
contentions  are  duly  noted;  however,  we   do   not   find   these
uncorroborated  assertions,  in  and   by   themselves,   sufficiently
persuasive to override the rationale provided by the  Air  Force.   In
this respect, we note that the applicant had  an  opportunity  in  May
1998 to discontinue SBP participation,  but  failed  to  complete  the
required form.  Additionally, spousal desertion is not included in the
SBP as a basis for terminating coverage.  We therefore agree with  the
opinion  and  recommendation  of  the  Air  Force  office  of  primary
responsibility and adopt the rationale expressed as the basis for  our
decision that the applicant has failed to sustain his burden  that  he
has suffered either an error or an injustice.  In view  of  the  above
and absent 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  in
Executive Session on 30 September 2003, under the provisions of AFI 36-
2603:

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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 Jul 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPTR, dated 13 Aug 03.
   Exhibit C.  Letter, SAF/MRBR, dated 15 Aug 03.
   Exhibit D.  Letter from Applicant, undated, w/atchs.




                                   DAVID C. VAN GASBECK
                                   Panel Chair