RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00225
		INDEX CODE:  137.01
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be provided an opportunity to elect Survivor Benefit Plan (SBP) coverage.

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APPLICANT CONTENDS THAT:

He does not recall being briefed or offered his right to elect SBP coverage for his spouse and is now told he is ineligible.  The timeframe was a difficult time for him personally and he may not have been aware of the SBP program.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant retired from the Air Force on 1 Sep 66 in the grade of staff sergeant.  Retired Serviceman's Family Protection Plan (RSFPP) elections were required to be made before completing 18 years of service.  Members were provided an 18-month enrollment period following the 21 Sep 72, enactment of the SBP program.  Retirees were provided a one-year period from the date of marriage for the first spouse acquired after XXXXXXX.  Applicant's marital status on XXXXXXX is unknown and there is no indication he elected RSFPP coverage for his previous wife prior to his retirement.  He and his current wife were married on XXXXXX.  There is no evidence he elected SBP coverage during the initial enrollment for a previous wife, during the first year of marriage for his current wife, or during either of the open enrollment periods.

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  DPPTR states that the member offers no compelling evidence that justifies extending him a fourth opportunity to provide SBP coverage for his wife.  It would be inequitable to other retirees similarly situated to grant his request.  There is no evidence of Air Force error or injustice nor any merit in fact of basis in law to approve this case.  The DPPTR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28 Feb 03 for review and comment within 30 days.  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 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.  Election for coverage of a newly acquired spouse must be made before the first anniversary of the marriage.  The first anniversary of his marriage was XXXXXXXX.  We see no evidence which would lead us to believe that he made any attempt to provide SBP coverage for his spouse within the specified period of time nor are we persuaded by his contentions that information pertaining to the SBP program and his election options was not made available to him.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved.  Therefore, the request for a hearing is not favorably considered.

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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 BC-2003-00225 in Executive Session on 26 Jun 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jan 03.
    Exhibit B.  Letter, AFPC/DPPTR, dated 21 Feb 03.
    Exhibit C.  Letter, SAF/MRBR, dated 28 Feb 03.