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AF | BCMR | CY2004 | BC-2004-00998
Original file (BC-2004-00998.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00998
            INDEX NUMBER:  137.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be taken that would allow  him  to  elect  spouse
coverage under the Survivor Benefit Plan (SBP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He submitted documentation and a request to DFAS  within  one  year
after marriage, but no action was taken by DFAS  at  that  time  or
after subsequent requests.

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

___________________________________________________________________

STATEMENT OF FACTS:

The member was married at the time of his retirement on 1  Jul  71.
The parties divorced on 12 Jul 73.   At  the  time  of  the  Plan’s
initial open enrollment period (21 Sep 72 – 20 Sep 73), the  member
was not married and had no eligible spouse beneficiary.  The member
married his current wife on 15 Feb 01; however, there is no  record
he submitted a request to establish  SBP  coverage  on  her  behalf
within the first year of their marriage.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends denial and states,  in  part,  the  member
provided no evidence a valid request to establish coverage for  his
wife was  submitted  to  DFAS.   A  member,  who  is  unmarried  at
retirement, may elect coverage for a newly acquired spouse; however
the election must be made  before  the  first  anniversary  of  the
marriage.  If a member fails to make an election before  then,  SBP
coverage may  only  be  elected  if  Congress  authorized  an  open
enrollment  period.   Additionally,  the  SBP  remarriage  election
certificate he provided was completed after the  first  anniversary
of his marriage, making it unacceptable to use as a valid  request.
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.

A complete copy of the Air Force evaluation is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 30 Apr 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit C).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.

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.  Other than his own assertions, we find no evidence has  been
presented to show the applicant submitted a valid  request  to  the
Defense Finance and Accounting Service-Denver Center  to  establish
survivor coverage for his spouse within the  first  year  of  their
marriage.  Therefore, 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.   Based  on  the
foregoing and 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 Docket Number BC-2004-
00998 in Executive Session on 20 July 2004, under the provisions of
AFI 36-2603:

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

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Mar 04, w/atchs
    Exhibit B.  Letter, AFPC/DPPTR, dated 27 Apr 04
    Exhibit C.  Letter, SAF/MRBR, dated 30 Apr 04




                                   ROSCOE HINTON JR.
                                   Panel Chair


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