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AF | BCMR | CY2006 | BC-2006-01292
Original file (BC-2006-01292.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01292
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  28 October 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he added his wife to his  child  only
Survivor Benefit Plan (SBP) coverage within the first  year  following
their marriage.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes that because of the erroneous  information  he  was  given
about having to wait a minimum of one year for  enrolling  his  second
wife, he ended up not getting SBP before applying for a  divorce  from
her.  Therefore, he believes he  should  have  SBP  coverage  for  his
present spouse, being effective 7 March 2006.

In support of the appeal, applicant submits a  personal  statement,  a
letter to DFAS-CL, copy of a letter to SAF/MRBR, copy of a  letter  to
his senator, and a copy of the BCMR Action Notice.

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

_________________________________________________________________

STATEMENT OF FACTS:

After his first wife died in May, 1983, he retired from the Air  Force
on 1 August 1988.  He enrolled his youngest son since he had no living
spouse.  He remarried on 29 March 1997.  He called the Defense Finance
and Accounting Service-Cleveland Center (DFAS-CL) to  find  out  about
adding his wife to the SBP and was informed that he would have to wait
a minimum of one year before he could apply.   He  waited  until  late
1999 or early 2000 to reapply.  He was then informed that he  was  not
eligible unless he paid a penalty.  He divorced  his  second  wife  in
February 2002.  He remarried on 7 March 2005,  and  applied  for  SBP.
When he didn’t hear anything by February 2006, he called  DFAS-CL  and
was informed that he would have to use the SBP Open Season Enrollment.

The Defense Enrollment Eligibility Reporting  System  (DEERS)  records
reflect he divorced his second  wife  on  19  November  2001,  and  he
married his present wife on 7 March 2005.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRT recommends denial.  He had two  opportunities  (within  the
first year of his  marriage  and  during  the  99-00  open  enrollment
authorized by public Law (PL) 105-261), to elect SBP coverage  on  the
second wife’s behalf, but he failed to take the action  required.   If
he elects SBP coverage on his present wife’s behalf  during  the  open
enrollment authorized by PL 108-375, by 30 September 2006, the monthly
cost would be approximately $366.  If DFAS receives a  valid  election
before 31  July  2006,  the  buy-in  penalty  would  be  approximately
$43,600.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
28 July 2006 for review and comment within 30 days.  As of this  date,
this office has received no response.

_________________________________________________________________

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.   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
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
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 5 October 2006, under the provisions of  AFI  36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. John B. Hennessey, Member
                 Ms. Kathy L. Boockholdt, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 14 Apr 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRT, dated 14 Jul 06.
      Exhibit D. Letter, SAF/MRBR, dated 28 Jul 06.




                             MICHAEL K. GALLOGLY
                             Panel Chair


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