RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02874
		INDEX CODE:  137.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Survivor Benefit Plan (SBP) be changed from child only to spouse and child coverage.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The Air Force stated that the applicant elected child only SBP coverage based on full retired pay prior to his 1 Mar 73 retirement.  He was remarried on 3 Mar 79.  His youngest child lost eligibility on 1 Jul 95 and coverage and the monthly SBP costs ceased.  The premium for child coverage at that time was less than $5 per month.  Coverage for the applicant’s spouse would be approximately $87 per month.
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AIR FORCE EVALUATION:

HQ AFPC/DPPTR reviewed this application and recommended denial.  They stated that a member who fails to provide SBP coverage for an eligible spouse at the time of retirement may not later elect coverage for that person, or another person of the same category, unless Congress authorizes an open enrollment.  Members, who are unmarried when they retire, may elect spouse coverage before the first anniversary of their post-retirement marriage.  The law contains no automatic enrollment provision that extends SBP coverage to a spouse acquired after retirement unless spouse coverage had been previously elected, then suspended due to the death or divorce of the previous beneficiary.

The applicant was eligible to add his wife to his child only coverage during three SBP open enrollment periods authorized by Public Laws (PLs) 97-35 (1 Oct 81 – 30 Sep 82), 101-189 (1 Apr 92 – 31 Mar 93), and 105-261 (1 Mar 99 – 29 Feb 00).  During each enrollment period, members were advised by direct mail of their eligibility to make an election. The enrollment packets, as well as the Afterburner, USAF News for Retired Personnel, published during those timeframes, were sent to the correspondence address members had provided the finance center and contained points of contact for retirees to use to gain additional information.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterated his original contention to have his SBP coverage changed.  He states that he was not aware of the provision to change his election during open enrollment and never received notification.

He provided information in regards to his previous marriage and current marriage.

In support of his response, applicant provided a copy of a letter from counsel dated 15 Dec 75, referencing his divorce decree.

Applicant’s complete response is at Exhibit D.

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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 02-02874 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 5 Sep 02, w/atch. 
    Exhibit B.  Letter, HQ AFPC/DPPTR, dated 17 Sep 02.
    Exhibit C.  Letter, SAF/MRBR, dated 20 Sep 02.
    Exhibit D.  Letter, Applicant, undated.