RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02796
            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:

He was not married when he retired.  He got married in September  2001
and was not aware he needed to apply for SBP within one-year following
his marriage.

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

_________________________________________________________________

STATEMENT OF FACTS:

Prior to his 1 May 1996 retirement, the applicant  was  unmarried  and
elected child only coverage based on full-retired pay.  The  applicant
married A. on 19 September 2001.  The applicant did not add his spouse
to his  existing  child  coverage  within  the  first  year  of  their
marriage.  His youngest  child  lost  eligibility  in  June  2002  and
monthly premiums for  child  coverage  (approximately  $2.00  monthly)
ceased the following month.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states the applicant claims he was unaware of the  one-year
time limit to add his spouse to the SBP.  He signed the SBP Report  on
Individual Person (RIP) indicating he  was  properly  briefed  on  the
options and effects of the SBP.   Furthermore,  Item  H1  clearly  and
specifically describes the post-retirement option: servicemembers, who
at the time of retirement had no spouse  or  child,  are  eligible  to
elect SPB  for  these  dependents  within  one  year  of  acquisition.
Additionally,  the  Afterburner,  News  for  USAF  Retired  Personnel,
published in January 2002, provided the guidance on how to obtain  SBP
for his spouse.  The Defense Finance  and  Accounting  Service  (DFAS)
issues a new retired account statement  (RAS)  when  there  is  action
affecting the individual’s retired pay.   Costs  for  spouse  coverage
would be approximately $88.00 monthly, but there is  no  evidence  the
applicant inquired about his spouse’s eligibility when he was notified
of the change in  his  retired  pay  (cessation  of  child  coverage).
Furthermore, SBP is similar  to  commercial  life  insurance  in  that
individual must elect to participate and pay the required premiums  in
order to be covered.  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.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he did sign
the certification sheet indicating he had been properly briefed on the
options and effects of the SBP plan.  There  were  so  many  documents
that he had to sign when  he  retired  and  he  does  not  recall  the
specifics of many of the documents.  Furthermore, it was  nearly  five
years after he retired that he got married and  at  the  time  of  his
marriage, he had no recollection of the one-year time limit to  obtain
spouse coverage.  He further stated he does not read  the  Afterburner
Newsletter on a regular basis.  In addition, he and his wife  went  to
Dobbins AFB in October 2001 to obtain her military ID card and no  one
advised them of the one-year time limit to apply for SBP.  Lastly,  he
served honorably in the Air Force for 20 years and  properly  notified
the Air Force of his marriage.  He does not feel it is fair  and  just
that he be denied the opportunity  provide  spouse  coverage  for  his
wife.   He  indicates  he  had  no  knowledge  of  the  one-year  time
requirement and he was one month late in “officially” applying for SBP
spouse coverage (Exhibit E).

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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.  In this respect, a member who is not married
at the time of retirement and marries later may elect coverage  for  a
newly acquired spouse within one year of the marriage.   We  note  the
applicant married A. in September 2001, and  failed  to  elect  spouse
coverage within the first year of their marriage.  He contends that he
was not aware of the one-year  time  period  required  to  add  spouse
coverage  for  a  newly  acquired  spouse.   However,  we   note   the
Afterburner, News  for  USAF  Retired  Personnel  was  mailed  to  the
applicant at the address he  provided  to  the  finance  center.   The
Afterburner contained information regarding the procedures for  adding
a spouse after retirement.  The applicant has not provided  persuasive
evidence that he did not receive this information.  The applicant  had
the opportunity to elect coverage for his spouse and 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 AFBCMR Docket Number BC-
2004-02796  in  Executive  Session  on  2  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 was considered:

      Exhibit A. DD Form 149, dated 28 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 24 Oct 04.




                             ROSCOE HINTON, JR.
                             Panel Chair