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AF | BCMR | CY2004 | BC-2003-04282
Original file (BC-2003-04282 .doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04282
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to  reflect  the  Survivor  Benefit  Plan  (SBP)
coverage he selected was for spouse and  dependent  children  and  not
spouse only.  He would like his ex-wife and  children  to  be  covered
under SBP.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The SBP counselor checked the box for spouse only  instead  of  spouse
and children  on  his  application  form.   He  states  the  counselor
recommended he select spouse and children coverage (as it  would  only
cost him $1 dollar more) to which he agreed.  The  counselor  however,
checked the spouse only box, but later said she would  change  it  for
him.  He states he wants his SBP benefits to go to his ex-wife and his
children on his death, not to his future wife.

In support of his appeal, the applicant has provided copies of his  DD
Form 2656, Data for Payment of  Retired  Personnel,  DD  Form  2656-1,
Survivor Benefit Plan Election Statement for Former  Spouse  Coverage,
his former spouse’s  marriage  certificate,  and  his  divorce  decree
including custody and property agreements.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The member was married and elected spouse only coverage based on full,
retired pay prior to his 1 February 2000 retirement.  The date of  his
divorce  could  not  be  verified,  however  the  Defense   Enrollment
Eligibility System (DEERS) records show his  former  spouse  lost  her
eligibility in April 2000.  There is no evidence  that  the  applicant
reported the change in his marital status or  that  he  made  a  valid
election change to his SBP  coverage  from  spouse  to  former  spouse
within the allotted one-year time frame following his divorce.

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  DPPTR states there is no way  they  can
either confirm or deny the member’s claim that the  SBP  counselor  at
his retirement checked the wrong box on the election form.  They  note
however, that each member is responsible to make the SBP election that
provides coverage  best  suited  to  their  individual  circumstances.
DPPTR states the member signed the form indicating  his  understanding
and acceptance of the coverage indicated.  He could have  requested  a
correction to add his children to the plan in a timely manner but  did
not.  Further, DPPTR states he waited more than four years to  request
that his children be covered and provided no explanation for doing so.
 On 15 January 2004, DPPTR requested he provide a copy  of  his  final
divorce decree and a properly completed DD Form 2656-1,  SBP  Election
Statement for Former Spouse Coverage,  to  properly  establish  former
spouse coverage.  To date, he has not responded.

DPPTR’s complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
27 February 2004 for review and comment within 30 days.   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 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 an  injustice  to  warrant  changing  the
applicant’s coverage to add  his  children  to  the  Survivor  Benefit
Program (SBP).  After a thorough review of the evidence of record  and
the applicant’s submission, we are not persuaded that he has been  the
victim of either an error  or  an  injustice.   While  we  regret  his
current predicament, we note that the  applicant  must  ultimately  be
responsible for selecting the coverage that  best  suits  him  at  the
time.  We therefore agree with the recommendations of  the  Air  Force
and adopt the rationale expressed as the basis for our  decision  that
the applicant has failed to sustain his burden that  he  has  suffered
either an error or an injustice.  In view of  the  above  and  absence
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________


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-
2003-04282 in Executive Session on 14 April 2004, under the provisions
of AFI 36-2603:

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

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 19 Dec 1960 (sic), w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPTR, dated 24 Feb 04.
     Exhibit D.  Letter, SAF/MIBR, dated 27 Feb 04.




                                   ROSCOE HINTON, JR
                                   Panel Chair

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