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AF | BCMR | CY2004 | BC-2003-03375
Original file (BC-2003-03375.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03375
            INDEX CODE:137.00

            COUNSEL:  None

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected by showing his date of marriage  as  15 April
2000, thereby allowing him  to  add  his  spouse  to  his  child  only
coverage under the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not know the military had to be notified of  his  marriage  for
SBP.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was married to C. on 10 February 1974.  He and  C.  were
divorced on 10 October 1977.  Prior to his 1 December 1979 retirement,
the applicant elected child only SBP coverage based  on  full  retired
pay.  The youngest child lost eligibility for SBP in January 1999  and
the monthly coverage cost ceased.  The applicant and C. were remarried
on 15 April 2000.  There is no indication that the applicant  notified
the Defense Finance and Accounting Service  (DFAS)  before  the  first
anniversary of his marriage of the change in his marital status.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states there is no evidence the applicant submitted a valid
election to add his spouse to his existing child only  coverage.   The
applicant claims he was not aware that he needed to notify the finance
center of his change in marital status; however, the Afterburner, News
For USAF  Retired  Personnel,  published  in  January  and  May  2000,
informed retired servicemembers of the requirement to  elect  coverage
within the first  year  of  marriage  for  a  newly  acquired  spouse.
Furthermore, SBP is similar  to  commercial  life  insurance  in  that
individuals must elect to participate and pay the required premiums in
order to be covered.  DPPTR further states  to  approve  this  request
would provide the applicant an additional  opportunity  to  elect  SBP
coverage  not  afforded  to  other  retired  servicemembers  similarly
situated.  AFPC/DPPTR finds no evidence  of  error  or  injustice  and
therefore, recommends the requested relief be denied.

A complete copy of the Air Force evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 19 December 2003, for review and response.   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 timely filed.

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 the recommendation of  the  Air
Force and adopt their rationale as the basis for our  conclusion  that
the applicant has not been the victim of an error or  injustice.   The
servicemember failed to notify the Finance Center of the change in his
marital status, and did not submit a  valid  election  to  add  spouse
coverage to his existing child only coverage.   The  January  and  May
2000 issues of the  Afterburner,  News  For  USAF  Retired  Personnel,
informed retired servicemembers of the requirement to  elect  coverage
within the first year of marriage for a new spouse.  Furthermore,  SBP
is similar to commercial life insurance in  that  you  must  elect  to
participate and pay the associated premiums in order to be covered  by
the insurance.  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-
2003-03375  in  Executive  Session  on  13  January  2004,  under  the
provisions of AFI 36-2603:

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

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 Oct 03, w/atchs.
      Exhibit B. Letter, HQ AFPC/DPPTR, dated 3 Dec 03.
      Exhibit C. Letter, SAF/MRBR, dated 19 Dec 03.




                             JOSEPH A. ROJ
                             Panel Chair

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