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AF | BCMR | CY2004 | BC-2004-01123
Original file (BC-2004-01123.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01123
            INDEX NUMBER:  137.04

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband’s records be corrected to show that he  elected  spouse
coverage under the Survivor Benefit Plan (SBP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband was not aware  of  all  his  retirement  benefits.   It
wasn’t until 1999, when a friend told them of  all  the  privileges
she and her husband were entitled to, that  they  found  out  about
SBP.

In support of her request,  applicant  provided  letters  from  the
Georgia War Veterans Nursing  Home,  and  correspondence  from  her
Congressman.

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

___________________________________________________________________

STATEMENT OF FACTS:

The record reflects that the member was unmarried and declined  SBP
coverage prior to his 12 February 1989 retirement, at age  60.   He
had no eligible beneficiaries on the date he retired.   The  former
member and the applicant were married on 8 April 1995.  The  member
failed to submit a valid spouse election within the first  year  of
their marriage.

Information provided by the applicant reflects the retired  service
member was deemed incompetent by nursing home standards on  23  Jan
02, and unable to handle his financial or other personal affairs.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends denial.  While the applicant  claims  that
the member was unaware of all his retirement  benefits,  issues  of
the Afterburner, News for USAF Retired  Personnel,  were  routinely
mailed to the member’s correspondence address he  provided  to  the
finance center,  reminding  retirees  of  their  SBP  options  when
marrying  after  retirement.   Public  Law  105-261,  17  Oct   98,
authorized a one-year open enrollment period (1 Mar  99  –  29  Feb
00), widely publicized in the Afterburner, for  retirees  to  elect
coverage.  There is no evidence the member was incapable of  making
decisions on his financial and personal affairs during this  recent
open enrollment opportunity.  He could have  elected  coverage  for
the applicant at that time, but failed to do so.  SBP is similar to
commercial life insurance in  that  an  individual  must  elect  to
participate  during  the  time  prescribed  by  law  and  pay   the
associated premiums in order to have coverage.   Approval  of  this
request would  provide  the  member  and  his  wife  an  additional
opportunity to elect  SBP  coverage  not  afforded  other  retirees
similarly situated and is not justified.

The complete Air Force evaluation is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states she had never been a military wife,  therefore
would not have known some of the benefits she and her husband could
have utilized.  A friend told her how to obtain medicines  for  her
husband at Ft. Gordon; and a doctor told her how she could get  her
husband’s name on a waiting list for a Veterans Nursing Home.

During the open enrollment period (1 Mar  99  –  29  Feb  00),  her
husband was retiring from his civilian job and moving to where  she
was employed.  It was also the time her husband was  going  through
extensive testing when it was determined he was in the early stages
of Alzheimer’s.  She doesn’t remember seeing the  Afterburner,  and
up until now, wasn’t aware that the open enrollments were announced
in that periodical.  She was told it would have been  announced  on
his pay stubs,  she  went  through  three  years  of  end  of  year
statements, and the statement was not found. (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.  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; 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.  The member  had  two
opportunities to establish  coverage  in  the  applicant’s  behalf,
prior to the first anniversary of their marriage and  in  the  one-
year open enrollment period authorized by Congress (1 Mar 99  -  29
Feb 00).  However, there is no evidence he made such  an  election.
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 Docket Number BC-2004-
01123 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 30 Mar 04, w/atchs
    Exhibit B.  Letter, AFPC/DPPTR, dated 24 May 04
    Exhibit C.  Letter, SAF/MRBR, dated 28 May 04
    Exhibit D.  Letter, Applicant, dated 2 Jun 04




                                   ROSCOE HINTON JR.
                                   Panel Chair

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