RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02286
            INDEX CODE:137.00

            COUNSEL:  None

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to allow him to elect spouse  coverage  under
the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his retirement, he was not married  and  elected  child
only SBP coverage.  He was not counseled properly on  possible  future
elections if he were to marry.

Also, during the 1999 open enrollment season he was  in  the  hospital
for open heart surgery.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, prior to his 1 March  1986  retirement,  elected  child
only SBP coverage based on  a  reduced  level  of  retired  pay.   His
records reflect the last dependent child became ineligible for SBP  in
July 1994.  The applicant and S. were married on 13 August  1998.   He
failed to submit  a  valid  spouse  election  within  the  first  year
following their marriage.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states a servicemember, who is unmarried at retirement  and
later marries, may elect coverage for a newly acquired spouse, as long
as the election is made before the first anniversary of the  marriage.
The Afterburner, News For USAF  Retired  Personnel,  informed  retired
servicemembers of the requirement to elect coverage within  the  first
year  of  marriage  for  a  newly   acquired   spouse.    Furthermore,
information regarding the 1999-2000 open enrollment was  published  in
four consecutive issues of the Afterburner  (January,  May,  September
1999 and January 2000).  The January 2000  issue  was  mailed  to  the
address the applicant provided the finance center, the same address he
currently  resides.   Although   the   applicant   contends   he   was
hospitalized during the open enrollment period, he  has  not  provided
any documentation showing he received medical treatment that  impaired
him physically or mentally that affected  his  ability  to  submit  an
election for spouse coverage.  DPPTR further states  to  approve  this
request would provide the applicant an additional opportunity to elect
SBP coverage not afforded to other  retired  servicemembers  similarly
situated.  AFPC/DPPTR finds no evidence  of  error  or  injustice  and
therefore, recommends the requested relief be denied.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant submitted  documentation  regarding  his  medical  condition
during the contested time period (Exhibit D).

_________________________________________________________________

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.    Sufficient relevant evidence has been presented to  demonstrate
the  existence  of  an  error  or  an  injustice.   After  thoroughly
reviewing  the  documentation  submitted  with  this  appeal,  it  is
reasonable to believe the servicemember may have been unaware of  his
responsibility or unable to make an SBP election for his  new  spouse
following his August 1998 remarriage.  In coming to this  conclusion,
we note that during early 1999, he underwent open-heart  surgery  and
rehabilitative therapy and may have been unable to make  an  election
during the open season.  Furthermore, we note  it  had  been  several
years since his retirement when he  remarried  and  while  we  cannot
determine at this late date what  pre-retirement  SBP  counseling  he
received regarding any future SBP elections,  we  are  persuaded  the
applicant would have made the election for his new spouse had he been
aware  of  this  requirement.   In  this   respect,   the   applicant
demonstrated his  intent  to  provide  coverage  for  his  family  as
evidenced by his election of child only  coverage  when  he  retired.
Furthermore, the applicant has stated his willingness  to  repay  all
premiums.  In consideration of the totality of the circumstances,  we
recommend his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 12 August 1999, he
elected to add spouse coverage to his suspended  child  only  coverage
under the Survivor Benefit Plan, based on a reduced level  of  retired
pay.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-02286 in Executive  Session  on  24  September  2004,  under  the
provisions of AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Mr. Michael K. Gallogly, Member
                       Ms. Patricia D. Vestal, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 May 04, w/atchs.
      Exhibit B. Letter, HQ AFPC/DPPTR, dated 18 Aug 04.
      Exhibit C. Letter, SAF/MRBR, dated 20 Aug 04.
      Exhibit D. Applicant’s Response, dated 13 Sep 04, w/atchs.




                             ROSCOE HINTON, JR.
                             Panel Chair






AFBCMR BC-2004-02286






MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States
Code, Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it
is directed that:

      The pertinent military records of the Department  of  the  Air
Force relating to          , be corrected to show that on 12  August
1999, he elected to add spouse coverage to his suspended child  only
coverage under the Survivor Benefit Plan, based on a  reduced  level
of retired pay.




                 JOE G. LINEBERGER
                 Director
                 Air Force Review Boards Agency