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AF | BCMR | CY2004 | BC-2003-03374
Original file (BC-2003-03374.doc) Auto-classification: Denied



                            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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