RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01423
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Corrective action be taken that would permit him to  provide  Survivor
Benefit Plan (SBP) coverage for his wife.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In August 2004, he was told to wait for one year after his marriage to
request SBP coverage.  On 11 July 2005, he reported  to  the  Military
Personnel Flight (MPF) and was told he had been misinformed previously
and to quickly mail  in  a  request  for  coverage  accompanied  by  a
marriage certificate.  He did so and received a reply that he and  his
spouse were not eligible. They were also informed they could wait  for
an open enrollment period scheduled for October but  that  they  would
owe an additional $3,080.09 because they had been incorrectly  briefed
about waiting for a year to apply.  By the time he returned  from  the
MPF, the post office was closed.  He was not able to send  the  letter
until 12 July 2005.  His wife was issued  a  Social  Security  Account
Number (SSAN) subsequent to his request.  He notes  his  understanding
that if granted, he will be responsible  for  premiums  back  to  July
2005.

In support of his  appeal,  the  applicant  has  provided  a  marriage
certificate and copies of email  and  correspondence  generated  as  a
result of his action to obtain coverage.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was unmarried, had no eligible  children,  and  declined
SBP coverage prior to  his  1  April  2004  retirement.   The  Defense
Enrollment Eligibility Reporting System (DEERS) records show  him  and
his first spouse had married on 31 May 1999.  Neither party  submitted
a valid spouse SBP election within the first year of  their  marriage.
They divorced on 1 December 2001 and he married his second  spouse  on
12 July 2004.  Since he bypassed the  opportunity  to  add  his  first
spouse to the SBP when first eligible, coverage for his current spouse
can only be obtained during an open enrollment.   The  2005-2006  open
enrollment authorized by Public Law (PL) 108-375 required  members  to
pay a lump sum buy-in within 24 months after making an election.   The
amount of the buy-in is based on the  earliest  date  the  member  was
eligible to elect coverage.  In his case, his lump sum buy-in would be
approximately $7,540 and the monthly cost would be about $81.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR notes if the member submitted an open  enrollment  election
and survives for two years, his spouse would be  entitled  to  an  SBP
annuity of approximately $685  per  month  upon  his  death.   SBP  is
similar to commercial life insurance in that an individual must  elect
to participate and pay  the  associated  premiums  in  order  to  have
coverage.  Approval of this request would provide  him  an  additional
opportunity  to  elect  SBP  coverage  not  afforded  other   retirees
similarly situated and is not justified.  Therefore, DPPRT  recommends
his request for SBP coverage be denied.

DPPRT’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends he and his first spouse  were  married  on  31  May
1999.  They  separated  within  the  first  year  of  their  marriage.
Besides seeing no point in applying for SBP when they had  decided  to
terminate  their  marriage,  he  considered  such  an  action  to   be
fraudulent under the circumstances.  He hopes he will not be penalized
for not applying for SBP by 30 May 2000 when they  had  begun  divorce
proceedings prior to that date.  He  notes  should  the  Board  decide
against him that he will be responsible for  approximately  $7,540  in
penalty payments to cover the time period he was either divorced or in
the process of becoming divorced.

Applicant’s complete response, with attachment, is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.
3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error or an injustice.  The applicant contends he  was
advised, in August 2004, that he had to wait for one  year  after  his
marriage to secure Survivor  Benefit  Plan  coverage  for  his  second
spouse and subsequently, in July 2005, he was advised by the MPF  that
he was previously misinformed. As a result, he was not  able  to  take
advantage of the Survivor Benefit Plan program during the  time  frame
he was actually entitled to. The Board is of the opinion the applicant
has established sufficient doubt as to whether or not he was  properly
informed as to the course of action  he  should  take  to  secure  SBP
coverage for his spouse after his marriage. In view of the  above  and
to eliminate any doubt and possible injustice  to  the  applicant,  we
believe his records should be corrected as 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  30  May  2000,  he
elected spouse only Survivor Benefit  Plan  coverage  based  on  full,
retired pay; that coverage was suspended  on  2  December  2001;  and,
coverage was reinstated on 11 July 2005 naming Christina  C.  Anderson
as the eligible beneficiary.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-01423  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

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

    Exhibit A.  DD Form 149, dated 1 May 06, w/atchs.
    Exhibit B.  Letter, AFPC/DPPTR, dated 5 Jul 06.
    Exhibit C.  Letter, SAF/MRBR, dated 14 Jul 06.
    Exhibit D.  Letter, Applicant, dated 28 Jul 06, w/atch.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary



AFBCMR BC-2006-01423



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 30 May 2000,
he elected spouse only Survivor Benefit Plan coverage based on full,
retired pay; that coverage was suspended on 2 December 2001; and,
coverage was reinstated on 11 July 2005 naming SPOUSE as the eligible
beneficiary.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency