RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00953
            INDEX CODE:  137.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that  he  declined  Survivor  Benefit  Plan
(SBP) coverage for his current spouse.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is being forced to pay SBP coverage  for  his  current  spouse,  although
they both stated they did not want the coverage.

In support of his  request,  the  applicant  submits  a  personal  statement
cosigned  by  his  spouse.   The  applicant's  complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired on 1 May 1968.  He and his former spouse were  married
on 6 July 1951.  Member elected spouse only  SBP  coverage  based  on  full-
retired pay during open enrollment.  The parties’ divorce was  finalized  on
21 November 2002; however, the divorce decree did not address the SBP.   The
applicant remarried on 24 January 2003, and in April 2003  he  notified  the
finance center of his divorce and remarriage.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR states that SBP spouse coverage is suspended when  the  spouse
loses eligibility.  Public Law allows a  retiree  to  elect  not  to  resume
coverage for a subsequently acquired spouse; however, the  new  spouse  will
be covered at the previous level on the first anniversary  of  the  marriage
if  the  member  takes  no  action  before  that  date.   Premiums  for  the
automatically reinstated coverage become effective  the  first  day  of  the
thirteenth month and the Defense Finance and  Accounting  Service  (DFAS-CL)
will computer the retroactive costs when evidence of the remarriage  becomes
a matter of record.

DPPTR can neither confirm nor deny that the  member  properly  advised  DFAS
that he did not want SPB coverage for his wife.  However,  DFAS-CL  received
his request not to add his wife to the Plan less than one  month  after  the
one-year time limit.  He submitted this request for corrective action  in  a
timely manner after being notified that coverage  had  been  established  on
behalf of his current spouse.

The finance center suspended his spouse SBP coverage and  refunded  premiums
paid retroactive to his divorce.  There  is  no  evidence  that  the  member
submitted a request not to participate in the  SBP  until  twenty-five  days
after the  first  anniversary  of  his  marriage.   The  member’s  wife  has
provided  a  notarized  statement  concurring  in  his  request  to  decline
coverage and waiver her eligibility to receive  approximately  $394  monthly
in the event of his death.  A debt of approximately $240 has accumulated  to
date of DPPTR’s evaluation.

DPPTR states that in the past, relief has been granted in such  cases  based
upon authority under  Title  10  Section  1454  to  correct  “administrative
errors.”   However,  based  on  a  7  August  2003  JAA  memorandum,   DPPTR
recommends denial of the  applicant’s  request.   A  complete  copy  of  the
evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment within 30  days.   As  of  this  date,  this  office  has
received no response (Exhibit D).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an injustice.  The evidence indicates  the  applicant  notified
DFAS of his  divorce  and  remarriage  well  within  the  required  one-year
statutory period.  The Board majority is persuaded that it  was  his  intent
that the coverage under the SBP  be  terminated  at  that  time.   Based  on
evidence provided by the applicant, it appears he wrongfully assumed he  was
not required to elect “not” to resume coverage for his current  spouse.   He
has provided signed statements from his current spouse that corroborate  his
claim of his intention, and her agreement, not to reelect SBP  coverage  for
his current spouse.  In view of the above and  the  applicant’s  expeditious
action to resolve this matter within a short period of time  after  the  12-
month period had expired, the Board majority  believes  that  the  applicant
has been a victim of an injustice and that approval of the requested  relief
is warranted.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 23 January 2004,  he  elected  not
to resume Survivor Benefit  Plan  (SBP)  spouse  coverage,  and  his  spouse
concurred with his decision.
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 20 July 2004, under the provisions of AFI 36-2603:

            Mr. Roscoe Hinton, Jr., Panel Chair
            Mr. Joseph A. Roj, Member
            Mr. Mike J. Novel, Member

By majority vote, the Board recommended granting the requested relief.   Mr.
Roj voted to deny the application but does not desire to submit  a  Minority
Report.  The following documentary evidence was considered with  AFBCMR  BC-
2004-00953:

      Exhibit A.  DD Form 149, dated 19 Mar 2003, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPTR, dated 23 Apr 04, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 30 Apr 04.




      ROSCOE HINTON, JR.
      Panel Chair


AFBCMR BC-2004-00953




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 23 January 2004, he
elected not to resume Survivor Benefit Plan (SBP) spouse coverage, and his
spouse, XXXXX, concurred with his decision.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency