RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2002-03879
INDEX CODE:  137.04
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXXXXX				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His records be corrected to permit him to elect spouse coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

He declined spouse coverage under SBP at the time of his retirement because his current wife was dying of cancer.  He has now remarried and wishes to change his election to spouse coverage.

The applicant provided no evidence in support of his appeal.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was relieved from active duty on 31 August 1979 with 21 years, 8 months and 28 days of service and retired in the grade of technical sergeant effective 1 September 1979.

The remaining 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 at Exhibit C.  

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  There is no evidence of an Air Force error or injustice in this case.  Had the applicant elected spouse only SBP at the time of his retirement, coverage and costs would have been suspended upon the death of his spouse.  Coverage would have been reinstated on the first anniversary of his marriage to each subsequent spouse.  

A member, who has an eligible beneficiary, but fails to elect coverage for that person, may not later provide coverage for that person, or another person of the same category except during congressionally-mandated open enrollment period.  Public Laws (PLs) 97-35, 101-189, and 105-261 authorized open enrollment periods (1 October 1981 - 30 September 1982, 1 April 1982 - 31 March 1993, and 1 March 1999 - 29 February 2000, respectively.)  During each enrollment period, members were advised by direct mail of their eligibility to make an election.  The applicant had an opportunity to elect coverage for his current wife during the 1999-2000 open enrollment season; however, there is no evidence that he submitted a valid election.  SBP is similar to commercial life insurance in that an individual must elect to participate and pay the associated premiums in order to provide coverage.  It would be inequitable to those members, who chose to elect spouse coverage when eligible and subsequently received reduced retire pay, to provide an additional opportunity for this member to provide SBP coverage.  Had the applicant elected SBP spouse coverage, his premiums would have been approximately $81 per month.  If relief is granted, retroactive costs approximate $20,000 plus interest.  The DPPTR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 January 2003 for review and response (Exhibit D).  As of this date, this office has received no response.

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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 probable error or injustice.  After reviewing the evidence of record, we are not persuaded that the applicant has been the victim of an error or injustice.  Since the applicant chose not to elect SBP coverage for his spouse at the time of his retirement, he will have to wait for a congressionally-mandated open enrollment period to elect coverage for that beneficiary or another person of the same category.  The applicant had an opportunity to elect SBP coverage for his current spouse during the 1999-2000 open enrollment period; however, he has not provided any evidence that he submitted a valid election.  In addition, the applicant has provided no evidence that would lead us to believe that the SBP counselor provided misleading or inaccurate information at the time of his retirement.  Therefore, in the absence of substantive evidence to the contrary, 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.  Accordingly, 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 this application in Executive Session on 8 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket No. BC-2002-03879:

	Exhibit A.  DD Form 149, dated 4 Dec 02, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPTR, dated 9 Jan 03.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Jan 03.