RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02286
		INDEX CODE:137.00

	APPLICANT 	COUNSEL:  None

	SSN	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he elected former spouse coverage under the Survivor Benefit Plan (SBP) annuity.

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APPLICANT CONTENDS THAT:

He did not fully understand SBP at the time he was leaving the security of military service and he was under stress with a wife and seven children.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force. 

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AIR FORCE EVALUATION:

AFPC/DPPTR states the applicant and Z were married on 14 May 1954.  The applicant declined SBP coverage prior to his 1 August 1975 retirement.  The applicant and Z were divorced on 9 March 1994.  The laws governing SBP prohibits a married service member from electing coverage under SBP for a former spouse if the service member declined coverage prior to retirement unless Congress authorizes an open enrollment period.  Public Law  (PL) 105-261 authorized open enrollment for one year from 1 March 1999 through 29 February 2000.  Open enrollment packages were mailed to all retired service members advising them of the opportunity to make or change an SBP election.  The January 1999 edition of the Afterburner, News for USAF Retired Personnel, included points of contact, the necessary forms to make or change an SBP 
election.  The Afterburner was mailed to the service members using the address the members provided to the finance center.

The applicant had two other opportunities to make an election for SBP during the open enrollments period 1 October 1981 - 30 September 1982 and 1 April 1992 - 31 March 1993; there is no evidence indicating that he made an election during either open enrollment.  DPPTR recommends denying the applicant's request.

A complete copy of the evaluation is attached 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 16 August 2002, 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 not timely filed; however, it is in the interest of justice to excuse the failure of 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 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 applicant declined SBP coverage prior to his retirement therefore, in accordance to the governing statute, he is not authorized to elect coverage for a former spouse after retiring.  We note, he was afforded the opportunity to enroll in SBP during two authorized 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 02-02286 in Executive Session on 21 January 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 1 Jul 02.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 14 Aug 02.
	Exhibit C.	Letter, SAF/MRBR, dated 16 Aug 02.