RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02894
            INDEX CODE:  137.04

      COUNSEL:  NONE

  XXXXXXX   HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his retirement processing, he was offered  the  opportunity  to
enroll under SBP.  At that same time he was going  through  a  divorce
and decided to opt-out of the  SBP.   However,  when  he  subsequently
inquired about the SBP for his current wife, he was told he could  not
elect SBP coverage because he had declined it at retirement.

He was never advised that declining SBP coverage meant for the rest of
his life or that it was a one-time deal  for  only  the  wife  he  was
married to at the time.  Had he known that it was for the rest of  his
life he would have never declined SBP coverage.  For that  reason,  he
feels that it is unfair not to allow him to exercise his right to  use
the SBP.

In support of his request, applicant submits a personal statement;   a
copy of his DD Form 2656, Data for Payment of Retired Personnel, dated
31 Dec 97, and a certification of SBP Briefing, signed  and  dated  31
Dec 97.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant and his first wife elected child only coverage based on full
retired pay prior to  his  1 Jun 98  retirement.   Applicant’s  spouse
concurred in the  election  and  the  parties  subsequently  divorced.
Defense  Enrollment  Eligibility  Reporting  System  (DEERS)   records
reflect the applicant remarried his  second  wife  on  29 Jun 02,  but
neither  the  applicant’s  three  natural   children   nor   his   two
stepchildren  are  currently  enrolled  in  DEERS.   Child  only  cost
continues to be deducted from his retired pay and Defense Finance  and
Accounting Service-Cleveland Center (DFAS-CL) records reflect at least
one child is eligible to receive SBP payments  in  the  event  of  the
applicant’s death.

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AIR STAFF EVALUATION:

HQ AFPC/DPPTR reviewed this application and states that on  31 Dec 97,
the applicant signed the SBP Report-Individual Personnel (RIP) used by
the counselor at the base during his one-on-one briefing and  provided
to him a copy as a record of  critical  information  about  the  Plan.
Item H states that the SBP election is basically irrevocable, but some
changes are authorized; H3 further explains that members, who have  no
eligible spouse or child  at  retirement,  may  elect  SBP  for  these
dependents within one year of acquisition.

If the applicant had elected spouse coverage for his first wife,  that
portion of his SBP could have been suspended following  their  divorce
and, absent an election for former spouse coverage,  his  second  wife
would have become the  eligible  spouse  beneficiary  upon  the  first
anniversary of their marriage.  The laws controlling the  SBP  do  not
permit the applicant to provide coverage for his second wife  now,  or
at any other time, unless Congress mandates an open enrollment period.

They found no evidence of error or injustice in this case;  therefore,
they recommend denial of the request.

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

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APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

He argues that he was not briefed on the policy concerning election of
SBP spousal coverage  and  the  suspension  of  that  portion  of  the
coverage after divorce.  He disagrees with the evaluation and believes
that because he was not fully briefed an inequity  has  been  done  to
him.

Applicant’s complete response is at Exhibit E.

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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.

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   issues   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-
2003-02894  in  Executive  Session  on  27  January  2004,  under  the
provisions of AFI 36-2603:

      Mr. Joseph A. Roj, Panel Chair
      Ms. Leslie E. Abbott, Member
      Mr. Mike Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ USAF/DPPTR, dated 27 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Nov 03.
    Exhibit E.  Letter, Applicant, undated.




                                   JOSEPH A. ROJ
                                   Panel Chair