RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00874
		INDEX CODE: 137.00

	APPLICANT (Deceased)	COUNSEL:  None

	SSN	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

She had only been married for three months when her husband retired.  She was never informed of any options regarding SBP.  Just recently she was made aware of SBP upon her husband's death.  The applicant does not recall signing any documents and she was not aware of the government newsletter until about one-year ago.  She was asked to sign a form without any explanation.

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

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the deceased member’s military records, are contained in the letter prepared by the appropriate office of the Air Force attached at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPPTR states   Public  Law  (PL)  99-145,  established  on 8 Nov 85, required as of 1 Mar 86 spousal concurrence of the SBP election, if the election was providing less than maximum spouse coverage.  If a spouse nonconcurred on the SBP election, coverage would be established on the spouse's behalf by operation of law.  If the servicemember declined to elect coverage for an eligible 
spouse, coverage cannot be established in the future except during an authorized open enrollment period.

The servicemember and the applicant were married on 13 Nov 87.  He declined SBP coverage prior to his 1 Apr 88 retirement.  The records maintained by the Finance center indicate the applicant concurred with the servicemember's election.  The servicemember had the opportunity during two open enrollments to elect coverage.   The open enrollments were authorized by PLs 101-89 (1 Apr 92 - 31 Mar 93), and 105-261 (1 Mar 99 - 29 Feb 00).  Each servicemember was notified by direct mail of the opportunity to enroll during the open enrollment periods.  Also the Afterburner, USAF News for Retired Personnel, published during these timeframes was forwarded to the servicemember's address maintained by the finance center.  The Afterburner contained points of contacts to obtain additional information regarding SBP.  There is no evidence that the servicemember made an election for spouse coverage during either open enrollment period.  The servicemember died on 20 Jan 02.  Based on the information provided and the servicemember's records, DPPTR recommends denying the requested relief.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 10 May 02, for review and response.  As of this date, no response has been received by this office.

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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 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 the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The records maintained by the Finance Center have an annotation indicating the applicant concurred with the service member's decision to decline coverage under SBP.  The service member could have elected spouse coverage for the applicant during the 1 Apr 92 - 31 Mar 93 or 1 Mar 00 - 29 Feb 00 open enrollments but 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.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-00874 in Executive Session on 16 August 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 20 Feb 02, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 24 Apr 02.
	Exhibit C.	Letter, SAF/MRBR, dated 10 May 02.