RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02348
            INDEX CODE:137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED


MANDATORY CASE COMPLETION DATE:  30 JAN 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late-husband’s records be corrected to entitle her to  a  Survivor
Benefit Plan (SBP) annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her late-husband did not inform her about  SBP  prior  to  his  death.
During the course of finalizing estate issues and paperwork after  her
husband’s passing, she discovered  that  due  to  the  length  of  his
military service, he was eligible  to  offer  these  benefits  to  his
dependents upon his death.

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

_________________________________________________________________

STATEMENT OF FACTS:

Prior to his  1  July  1972  retirement,  the  servicemember  and  the
applicant were  married,  but  the  servicemember  did  not  elect  to
participate  in  the  Retired  Serviceman’s  Family  Protection   Plan
(RSFPP).

There is no evidence the servicemember submitted a valid election  for
spouse coverage under SBP during the initial open enrollment or any of
the three open enrollments periods which followed.

The servicemember died on 27 May 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states survivors of retired servicemembers  could  continue
to receive a portion of the servicemember’s retired pay  only  if  the
servicemember was participating in one of the annuity plans offered by
the Department of Defense (DOD).  There is no legal authority for  the
Air Force to pay the survivor an annuity if the servicemember did  not
choose to provide coverage on the survivor’s behalf.

The RSFPP was in effect until 21 September 1972.  Servicemembers  were
briefed and required to make their elections before they completed  18
years of service and spouse notification was not a requirement.

Public Law (PL) 92-425, which established  the  SBP  on  21  September
1972, authorized an enrollment period for  retired  servicemembers  to
elect SBP coverage.  PLs 97-35, 101-189 and 105-261  authorized  three
additional open enrollment periods  (1  October  1981  –  30 September
1982, 1 April 1982 – 31 March 1993, and 1 March  1999  –  29  February
2000.)   The  servicemembers  were  advised  during  all   four   open
enrollments periods by direct mail of their  eligibility  to  make  an
election.  The enrollment  packets  and  Afterburner,  News  for  USAF
Retired Personnel, were sent to  the  correspondence  address  of  the
servicemembers which they had provided to the finance center  and  the
packets contained information and points of contact  to  use  to  gain
further information.  Furthermore, there was  no  provision  in  these
laws  which  required  the  Services  to  notify  a  spouse   if   the
servicemember did not enroll in SBP.

AFPC/DPPTR further states the servicemember had five opportunities  to
elect survivor protection for his spouse, but he did not do  so.   The
enrollment  packets  for  SBP  and  newsletters  were  mailed  to  the
servicemember during all four  SBP  open  enrollment  periods  to  the
address he provided to the  finance  center  and  which  is  the  same
address he resided until his death.  The survivor plans are similar to
commercial life insurance in that  the  servicemember  must  elect  to
participate and pay the associated premiums in order to have coverage.
 It  would  be  inequitable  to  those  servicemembers  who  chose  to
participate  in  the  survivor  plans  when  they  were  eligible  and
subsequently received reduced retired pay, and to other  widows  whose
sponsors chose not to participate, to permit this  applicant  with  an
additional opportunity to receive SBP coverage.  AFPC/DPPRT 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 26 August 2005, 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 an error or an injustice.  The applicant  appears  to
believe she is entitled to an SBP annuity on the basis that  her  late
spouse did not inform  her  about  SBP  before  his  death.   After  a
thorough review of the evidence of record, we are not persuaded it was
the intent of the servicemember to provide coverage  for  his  spouse.
In this respect, we note the servicemember had five  opportunities  to
elect survivor coverage and he chose not  to  exercise  his  right  to
elect coverage when he was eligible.  Therefore,  in  the  absence  of
persuasive evidence to the contrary, we find no basis  upon  which  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 27 October 2005, under the provisions of AFI  36-
2603:

                       Mr. Michael K. Gallogly, Panel Chair
                       Ms. Kathleen F. Graham, Member
                       Mr. Alan A. Blomgren, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-02348 was considered:

      Exhibit A. DD Form 149, dated 22 Jul 05, w/atch.
      Exhibit B. Letter, HQ AFPC/DPPRTR, dated 24 Aug 05.
      Exhibit C. Letter, SAF/MRBR, dated 26 Aug 05.



                             MICHAEL K. GALLOGLY
                             Panel Chair