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AF | BCMR | CY2004 | BC-2004-00339
Original file (BC-2004-00339.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00339
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be taken  to  enable  him  to  change  his  Survivor
Benefit Plan (SBP) coverage from child only to spouse and child.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he originally elected SBP  coverage  he  understood  that  if  he
should ever marry, he would be able to change his  election  to  cover
his wife.  His children are now grown, he is married, his premiums are
current and he would like for his wife to have the  benefit.   He  did
not know that he would not be able to change his election in the event
of his marriage.

In support of his appeal, the applicant has provided  a  copy  of  his
marriage certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

Records indicate that, prior to  his  1  April  1989  retirement,  the
applicant (who was married at the time of his election) elected  child
only coverage based on full, retired pay.  As the  law  requires,  his
wife  concurred  in  his  election.   Defense  Enrollment  Eligibility
Reporting System (DEERS),  reports  he  was  married  twice  prior  to
becoming married to his third wife on 22 December 2001.   If  married,
he was eligible to add a spouse to his child only coverage during  two
SBP open enrollment periods, 1 April 1992 through 31 March 1993 and  1
March 1999 through 29 February 2000.  There is no evidence he made any
election changes during the open enrollment periods.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPTR  recommends  denial.   DPPTR   does   not   challenge   the
applicant’s admitted misunderstanding  of  the  beneficiary  exclusion
feature of SBP; however, had he elected spouse only  SBP  coverage  at
the time of  his  retirement,  coverage  and  costs  would  have  been
suspended upon the date of his  divorce.   Coverage  would  have  been
reinstated on the first anniversary of his marriage to each subsequent
spouse.  He offers no  explanation  of  his  failure  to  provide  SBP
protection during his intervening marriage.  Additionally,  issues  of
The Afterburner, News for Retired Air Force Personnel, were  routinely
mailed to the  applicant’s  correspondence  address  on  file  at  the
finance center.  Copies of The Afterburner, during the open enrollment
periods, contained points of contact for additional  SBP  information.
DPPTR states that SBP coverage is similar to commercial life insurance
in that an individual must elect to participate and pay the associated
premiums in order to have coverage.  It would be inequitable to  those
members,  who  chose  to  elect  spouse  coverage  when  eligible  and
subsequently received reduced retired pay, to  provide  an  additional
opportunity for the applicant to change his SBP election.

DPPTR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2
April 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  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging  the  merits  of  the  case
including his contention that he misunderstood SBP policies;  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.  He had multiple opportunities to make the changes he is
now requesting and failed to do so.  Ample information appears  to  be
available to military retirees in  the  public  domain  regarding  the
procedures and requirements surrounding SBP changes and/or  elections.
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-
2004-00339 in Executive Session on 20 July 2004, under the  provisions
of AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Patricia D. Vestal, Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Jan 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 31 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.




                                   ROSCOE HINTON JR.
                                   Panel Chair

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