RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03374
INDEX CODE: 137.04
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected coverage under the
Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to know what he needs to do to provide SBP coverage for
his spouse. They were married in 1968.
In support of his request, applicant submits a copy of his wife’s
DD Form 2AF, Identification and Privilege Card (front side), and a
copy of his marriage certificate.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Based on information provided by the Air Force, the applicant retired
on 1 Jan 67 and was married on 1 Jun 68.
_________________________________________________________________
AIR STAFF EVALUATION:
HQ AFPC/DPPTR reviewed this application and recommended denial. A
member who was married during the Plan’s initial enrollment period
authorized by Public Law (PL) 92-425, which established the SBP, and
failed to provide SBP coverage for that eligible spouse beneficiary,
may not later elect coverage for that person, or another person of the
same category, unless Congress authorizes an open enrollment. Public
Laws 97-35, 101-189, and 105-261 established open enrollment periods
(1 Oct 81 - 30 Sep 82, 1 Apr 92 - 31 Mar 93, and 1 Mar 99 - 29 Feb 00,
respectively) so that retirees could elect or increase SBP coverage.
The enrollment packets, as well as the Afterburner, News for USAF
Retired Personnel, published during these periods, were sent to the
correspondence address members had provided to the finance center and
contained points of contacts to use to gain additional information.
The applicant has provided no compelling evidence that justifies
extending a fifth opportunity for him to provide SBP coverage for his
wife. SBP is similar to commercial life insurance in that an
individual must elect to participate and pay the associated premiums
in order to provide coverage. It would be inequitable to other
retirees similarly situated, to grant the applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
A copy of the evaluation was forwarded to the applicant on 7 November
2003 for review and comment within 30 days. As of this date, this
office has received no response (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. 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. The applicant has had four opportunities to
establish survivor coverage for his spouse -- during the Plan’s
initial enrollment period in 1972, and during three subsequent open
enrollment periods. However, there is no evidence he elected coverage
in her behalf during any of these periods. 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-
2003-03374 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
Exhibit A. DD Form 149, dated 5 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPTR, dated 3 Nov 03.
Exhibit D. Letter, SAF/MRBR, dated 7 Nov 03.
JOSEPH A. ROJ
Panel Chair
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