RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01726
		INDEX CODE:  137.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

He be allowed to change his Survivor Benefit Plan (SBP) election from no coverage to full coverage, spouse only.

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APPLICANT CONTENDS THAT:

The applicant indicates that during the processing of his retirement application he was distracted by personal crises, (family and at his church) which interfered with his abilities to make an election more reflective of his true intent, which was to ensure his wife’s protection under the SBP program.

He states that it is clear that had he failed to make an election, the Air Reserve Personnel Center (ARPC) would have established maximum coverage for his wife, by default.

Applicant’s request is at Exhibit A.

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STATEMENT OF FACTS:

Effective 31 Dec 83, the applicant was assigned to the Retired Reserve awaiting pay at age 60.  His date of birth (DOB) is 28 Jan 42.

On 1 Nov 01, applicant executed DD Form 2656, Data for Payment of Retired Personnel, and elected not to participate in the Survivor Benefit Plan.  On the same date, his spouse concurred with the election.

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AIR FORCE EVALUATION:

HQ ARPC/DPP reviewed this application and recommended denial.  In order to establish survivor benefit coverage under the SBP, a member must complete Section IX of DD Form 2656, Data for Payment of Retired Personnel, and submit the form to HQ ARPC.  The applicant completed the DD Form 2656, which was received at ARPC on 7 Nov 01.  Since the applicant elected not to participate in the SBP, and his spouse concurred with the decision, HQ ARPC had no reason to question the validity of the election.

An election not to participate in the SBP is irrevocable if not revoked before the date on which the member first becomes entitled to retired pay.  In the applicant’s case, he did not revoke his election prior to his 60th birthday (28 Jan 02), and by law, he cannot cover his spouse now.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted a letter further explaining his original contentions that he was in the midst of attending to critical matters for two grandchildren, dealing with some family health challenges and helping to lead some major facility projects at church.  In the limited time he had to work on his Reserve paperwork, he was more focused on completing the application on time.  

He further states that HQ ARPC’s recommendation continues to focus on the obvious, that he elected not to participate, which he is not contesting, but does not look at all or most aspects of the entire situation which includes:

     a.  That evidence of people making paperwork mistakes under stress is a frequent occurrence and does not indicate any intent to disguise or mislead.

     b.  That he served the Air Force honorably for 23 years with nearly 9 years of active duty, including nearly 2 years in Vietnam and Southeast Asia.

He included a letter of qualification from his pastor along with his response.

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

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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 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 office of primary responsibility and adopt their 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.

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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 02-01726 in Executive Session on 21 January 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 May 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ARPC/DPP, dated 17 Jul 02.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Jul 02.
    Exhibit E.  Letter, Applicant, dated 11 Aug 02, w/atch.

                                   
                                   Panel Chair