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AF | BCMR | CY2004 | BC-2003-03385
Original file (BC-2003-03385.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03385

                 INDEX CODE:       137.01
                 COUNSEL:  NONE

                       HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to  add  spouse  coverage  under  the  Survivor
Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge he was not married.

In support of his request, applicant provided a copy of  his  Marriage
License, a copy of Special Order Number ACD-1875, a copy  of  AF  Form
2653, Retirement Special Order-Physically Unfit, and a copy of AF Form
1265, Survivor Benefit Plan (SBP) Election.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was unmarried and elected child only SBP coverage  based
on full retired pay prior to being placed on the Temporary  disability
Retired List  (TDRL)  effective  3  December  1991.   The  member  and
Constance married on 12 June 1992, but he failed to elect SBP coverage
for her within the first year following their marriage.   On  24  June
1993, he was transferred from the TDRL  to  the  Permanent  Disability
Retired List (PDRL).  His monthly premium for child coverage  is  less
than $6.00; costs for spouse and child coverage would be approximately
$17.00 per month.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends denial.  There is no  evidence  of  error  or
injustice in this case and they recommend the request be denied.

There is no evidence the member submitted a valid election to add  his
wife to his existing child only coverage.  He  offers  no  explanation
why he waited more than  ten  years  since  his  marriage  to  request
corrective action.  Had he made an  election  within  the  first  year
after his marriage, he would have paid  approximately  $2,300  in  SBP
premiums to date.  Public  Law  105-261  authorized  a  one-year  open
enrollment period (1 March 1999 through 29 February 2000) for retirees
to elect or increase coverage.  Absent a  valid  election  within  the
first year of his marriage, the applicant could have elected  coverage
for his wife during this period, but he failed to do so.

Approval of this request would provide  the  applicant  an  additional
opportunity  to  elect  SBP  coverage  not  afforded  other   retirees
similarly situated and is not justified.

The DPPTR 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 21 November 2003, for review and response.  As of this
date, this office has received no response.

_________________________________________________________________

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 an error or injustice.  After a  thorough  review  of
the  evidence  of  record  and  applicant's  submission,  we  are  not
persuaded that the relief requested should  be  granted.   Applicant's
contentions are duly noted; however, we do not find these  assertions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by the Air Force.   We  therefore  agree  with  the
recommendation of the Air Force and adopt the rationale  expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden of having suffered either an error  or  an  injustice.   In
view of the above and absent of persuasive 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 Docket  Number  BC-2003-
03385 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 24 Sep 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPTR, dated 13 Nov 03.
   Exhibit C.  Letter, SAF/MRBR, dated 21 Nov 03.




                                   JOSEPH A. ROJ
                                   Panel Chair

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