RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02681
            INDEX CODE:137.00

            COUNSEL:  None

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he  made  a  timely  election  for
spouse coverage under the Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since May 2000, he has mailed several DD Forms 2618 to the  Air  Force
to have his wife as his survivor for his retirement pay.  He  received
a response in September 2003, informing him the request  he  submitted
was not received until after the authorized open enrollment period.

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

_________________________________________________________________

STATEMENT OF FACTS:

Prior to his 1 August 1968 retirement, the applicant was  married  and
elected  spouse  coverage  under  the  Retired   Serviceman’s   Family
Protection Plan (RSFPP). The applicant did not make  an  SBP  election
during the 1972-1974, 1981-1982 or 1992-1993  open  enrollments.   The
applicant’s first marriage ended,  however,  there  are  no  documents
available to determine the date or circumstances.   The  premiums  for
the RSFPP continue to be deducted from his retired pay.  The applicant
and M. were married on 18 February 1998.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states servicemembers  could  make  an  election  prior  to
completing 19 years of service under the RSFPP.  An RSFPP  beneficiary
may receive both an RFSPP and an SBP annuity.  Public Law (PL) 92-425,
which  established  the  SBP  on  21  September  1972,  authorized  an
enrollment  period  for  retired  members  to  elect   SBP   coverage.
Servicemembers could either terminate or keep their RFSPP in  addition
to electing SBP.  Dependents acquired after the effective date of  the
servicemember’s retirement were not eligible for RSFPP coverage.

The survivors of retired servicemembers  may  continue  to  receive  a
portion of the sponsor’s retired pay only if the servicemember  was  a
participant in the SBP.  The law  contained  no  automatic  enrollment
provision that extended  SBP  coverage  to  a  spouse  acquired  after
retirement unless spouse coverage had been  previously  elected,  then
suspended due to the death or divorce of the previous beneficiary.

PL 105-261, 17 October 1998, authorized an SBP open enrollment  period
beginning 1 March 1999 and ending 29 February  2000.   Servicemembers,
during the open enrollment period, who had  less  than  maximum  level
SBP, were allowed to increase their coverage  up  to  a  maximum  base
amount of their gross retired pay.

The Defense Finance and Accounting Service (DFAS) provided  copies  of
the DD Form 2618, Survivor Benefit Plan (SBP) Open Enrollment Election
(January 1992), which the  applicant  submitted  on  12 January  2002.
While the DD Form 2618 was developed for the 1992-1993 open enrollment
and contains typed data in some of the blocks, there  is  no  evidence
the applicant actually submitted the form to the finance center  until
12 January 2002.

The January, May and September 1999 issues of  the  Afterburner,  News
for USAF Retired Personnel,  containing  information,  the  form,  and
follow-up information about the 1999-2000 SBP  open  enrollment,  were
sent to the applicant at the address he reported to the finance center
as his correspondence address as early as November 1993 and  which  he
did not change until November 2000.

The applicant had several opportunities to elect spouse coverage,  but
he did not.  If he had elected SBP coverage for his  previous  spouse,
his coverage would have been suspended following her death or  divorce
and he could have reinstated spouse coverage on the first  anniversary
of his second marriage.

AFPC/DPPTR 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:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 8 October 2004, for review  and  response.   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.  Applicant’s contentions are duly
noted; however, after thoroughly reviewing the evidence of record,  we
are not persuaded to correct the servicemember’s record to reflect  he
elected spouse coverage.  The applicant, prior to his 1968 retirement,
elected  spouse  coverage  under  the  Retired   Serviceman’s   Family
Protection Plan (RSFPP).  After his first marriage ended, he remarried
in February 1998; however, his  current  spouse  is  not  eligible  to
receive RSFPP  because  the  marriage  occurred  after  the  applicant
retired.  Had the  applicant  made  an  election  under  the  Survivor
Benefit Plan when it became effective on 21 September 1972, or  during
any of the open enrollment periods in 1972-1974,  1981-1982  or  1992-
1993, he could have reestablished coverage for his current  spouse  on
the first anniversary of their marriage.  The  applicant  had  another
opportunity to elect  coverage  for  his  current  spouse  during  the
authorized  open  enrollment  period  for  1999-2000.   However,   the
applicant failed to elect spouse coverage in a  timely  manner  during
this time  period.   In  this  respect,  it  is  noted  he  apparently
submitted the election form well after the  deadline.   The  applicant
has not established to our satisfaction that he  was  unaware  of  the
requirements to establish SBP coverage for his  current  spouse.   The
applicant had several opportunities to elect  SBP  coverage  in  order
that his current spouse could be eligible for an annuity; however,  he
failed to do so.   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  this  application  in
Executive Session on 2 and 8 December 2004, under  the  provisions  of
AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Mr. Michael J. Novel, Member
                       Mr. Michael K. Gallogly, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2004-02681 was considered:

      Exhibit A. DD Form 149, dated 22 Aug 04, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPTR, dated 30 Sep 04.
      Exhibit D. Letter, SAF/MRBR, dated 8 Oct 04.
      Exhibit E. Letter, Applicant’s Response, dated 2 Dec 04,
                       w/atchs.




                             ROSCOE HINTON, JR.
                             Panel Chair