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AF | BCMR | CY2009 | BC-2008-03740
Original file (BC-2008-03740.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2008-03740
                 INDEX CODE:       137.01, 137.04
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show he elected spouse coverage  under  the
Survivor Benefit Plan (SBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He  remarried  on  6  Sep  96,  and  when  he  obtained   a   military
identification card for his wife he  was  not  counseled  on  the  SBP
program.  The personnel advising him at the time he secured a military
identification for his wife  should  have  informed  him  of  benefits
available under the SBP.

In  support  of  the  request,  the  applicant  provides  a   personal
statement, and a copy of his Certificate of Marriage.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was not married and  elected  child  only  SBP  coverage
based on full retired pay prior  to  his  1  Aug  88  retirement.   He
remarried on 7 Sep 96, but did not  notify  the  Defense  Finance  and
Accounting Service (DFAS) of the  change  to  his  marital  status  to
request SBP coverage be established on his wife’s behalf.

A member, who is unmarried at retirement, may elect coverage  for  the
first spouse acquired after retiring.  However, the election  must  be
made before the first anniversary of the marriage.  If a member  fails
to make an election before then,  SBP  coverage  for  that  person  or
another person of that  category  may  be  elected  only  if  Congress
authorizes an open enrollment period.

Under the SBP program, the law authorized enrollment periods 1 Mar  99
to 29 Feb 00 and 1 Oct 05 to 30 Sep 06, for retired  member  to  elect
SBP coverage.  These open enrollments required higher monthly premiums
or a lump-sum buy-in and both required the member to live for two full
years from the effective date of the election.  Members  were  advised
by direct mail of their eligibility to make an election.

The enrollment packets, as well as the Afterburner, news for Air Force
Retired Personnel, published during those timeframes, were sent to the
correspondence address each member had provided to DFAS and  contained
points of contact for them to use to gain additional information.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIAR recommends denial.  DPSIAR  indicates  the  Afterburner
routinely contained articles to advise retirees of their  SBP  options
when marrying after retirement, and these newsletters were  mailed  to
the applicant.

Neither of the open enrollments contained provisions  for  waiving  or
extending the one-year period authorized to participate.

SBP is similar to commercial life insurance in that an individual must
elect to participate during the opportunities provided by the law  and
pay the associated premiums in order to have coverage.  Providing  the
applicant additional time to elect SBP coverage would  be  inequitable
to other retirees in similar situations, and is not justified  by  the
facts.

The complete DPSIAR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
12 Dec 08, for review and comment within 30 days.  As of this date, no
response has been received by this office (Exhibit C).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.    The application was timely filed.

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
office of primary responsibility and adopt its rationale as the  basis
for our 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 compelling basis to recommend granting the relief
sought in this application.  In view of the above and in  the  absence
of persuasive 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 Docket  Number  BC-2008-
03740 in Executive Session on 23 Jun 09, under the provisions  of  AFI
36-2603:

                  Mr. Thomas s. Markiewicz, Chair
                  Ms. Debra M. Czajkowski, Member
                  Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Oct 08, w/atch.
   Exhibit B.  Letter, HQ AFPC/DPSIAR, dated 7 Nov 08.
   Exhibit C.  Letter, SAF/MRBR, dated 12 Dec 08.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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