RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03905
                                             INDEX CODE:  137.04
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

He be permitted to establish Survivor Benefit Plan (SBP)  coverage  for  his
wife after the time period to do so expired and he not be required  to  make
back payments.

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APPLICANT CONTENDS THAT:

He retired from the Air Force in 1996 as a single parent.  At  the  time  of
his outprocessing he was not married, so he  established  SBP  coverage  for
his son.  He was married  in  1999,  and  after  three  years  attempted  to
contact the closest Military Personnel Flight to inquiry as to why  his  SBP
payments for coverage for his son had not been stopped, as he was  now  over
18 years of age.  He then asked about obtaining coverage for his  wife,  and
was instructed on what documents to submit.  He was then advised there is  a
one-year grace  period  after  marriage  to  enroll  your  spouse  into  the
program.  Additionally, the nearest military base is approximately 80  miles
from where he lives and his work schedule does not allow  him  to  take  the
time off needed to perform these tasks.

He is requesting that his wife be put on the plan, and that he not  have  to
pay back payments for coverage, as he has been married four  years.   It  is
not his fault that he did not know he needed to enroll his wife  within  one
year after marriage.

In support of his application,  he  submitted  a  personal  statement.   The
applicant’s complete statement, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Prior to his retirement on 1  January  1996,  applicant  was  unmarried  and
elected child  only  coverage,  based  on  full-retired  pay  prior  to  his
retirement.   Defense  Enrollment  Eligibility  Reporting   System   (DEERS)
records show that he married on 23 July 1999; but failed to submit  a  valid
election to establish spouse coverage before the first anniversary.

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AIR FORCE EVALUATION:

The Retiree Services  Branch,  AFPC/DPPTR,  reviewed  this  application  and
recommended denial stating there is  no  evidence  of  Air  Force  error  or
injustice.  The member’s claim that he was not briefed on the one-year  time
period to add a spouse should he marry after retirement  is  without  merit.
A copy of the SBP RIP he signed on  2  November  1995  was  located  in  his
records.  The applicant’s signature confirms he was properly briefed.   Item
H1 clearly and specifically reflects that members  who  have  no  spouse  or
child at retirement, are eligible to elect SBP for these  dependents  within
one year of acquisition.   Additionally,  the  Afterburner,  News  for  USAF
Retired Personnel, published January  2000,  six  months  before  the  first
anniversary  of  the  applicant’s  marriage,  reminded   retirees   of   the
opportunity to enroll their newly acquired spouses in the  Plan  within  the
first year of marriage.  It would be contrary to the letter  and  intent  of
the law, as well as inequitable to  other  members  similarly  situated,  to
grant this applicant an additional opportunity to provide SBP  coverage  for
his wife.

DPPTR states that if the Board’s decision is to grant relief,  the  member’s
record should be corrected to show that on 22 July 2000 he  elected  to  add
his wife to his child only coverage based  on  full-retired  pay.   Approval
should be contingent upon the recoupment  of  all  applicable  premiums  the
members would have paid had he made the election at that time.

The complete evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant was provided a copy of the advisory  opinions  on  31 December
2003.  As of this date, this office has received no response.
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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.  After reviewing the  evidence  of  record,
we are not persuaded that the applicant has been the victim of an  error  or
injustice.   Documentation  provided  by  Air  Force  indicates   that   the
applicant was properly briefed on SBP election when he retired  from  active
duty.  Additionally, information concerning enrollment of a  newly  acquired
spouse in the program was published in the Afterburner in  January  2000  --
six months prior to his first anniversary.  In view of the above and in  the
absence of persuasive evidence by  the  applicant  showing  he  was  treated
differently from other retirees, we agree with the assessment of the  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.  Accordingly, we find no compelling basis to  recommend  granting
the relief sought in this application.

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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 this application in Executive
Session on 14 April 2004, under the provisions of AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Ms. Kathy L. Boockholdt, Panel Member
                       Mr. Michael J. Novel, Panel Member

The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2003-03905.

      Exhibit A.  DD Form 149, dated 16 Nov 03, with attachments.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPTR, dated 31 Dec 2003.
      Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.



      ROSCOE HINTON, JR.
      Panel Chair