RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00401
		INDEX CODE:  137.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Corrective action be taken that would permit him to terminate spouse coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

All printed information does not clearly state that once the election is made to participate then an election not to participate would be denied.

In support of the appeal, applicant submits a personal statement, a copy of a letter to DFAS-DE/FRB, a copy of a letter, with marriage certificate, to DFAS requesting SBP for his new wife, a copy of a letter, with a copy of the death certificate, requesting a change of address, and a copy of Chapter 4, DFAS-CL 1352.2-PH.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant retired on 1 January 1971 and elected spouse and child SBP coverage based on full retired pay during the initial open enrollment period (effective 21 September 1972).  The youngest child lost eligibility in June 1984.  The applicant’s wife XXXXX died on 28 July 1999; on 4 November 1999, Defense Finance and Accounting Service - Cleveland Center (DFAS-CL) received the applicant’s notification to stop spouse costs and SBP coverage and premiums were suspended.  The applicant married XXXXX on 9 June 2001 and on 2 November 2001 he wrote to the finance center requesting SBP for XXXXX.  SBP coverage was reinstated on XXXXX behalf and monthly premium began to be deducted from the applicant’s retired pay on 1 July 2002.  On   27 November 2002, more than five months after his wife’s coverage began, the applicant again wrote to the finance center stating he had elected not to participate in the SBP.

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AIR FORCE EVALUATION:

AFPC/DPPTR states that a participant’s spouse automatically becomes an eligible beneficiary on the first anniversary of the marriage unless, before that date, a valid election to not resume the coverage under the provisions of PL 99-145 is sent to the finance center.  The applicant submitted a valid request to reinstate SBP coverage on XXXXX’s behalf within the time permitted, changed his mind about the election, but did not submit a non-participation request until after the first anniversary of his marriage.  The applicant’s claim that there is no reference in the DFAS survivor benefit guide, obtained from the computer, that an election not to participate would be denied is not valid.  His request would have been honored if submitted within the time prescribed.  Further, chapter 4.1.2.3 of the DFAS-CL Preparing For Your Military Retirement guide, found on the DFAS web site, clearly provides instruction on the options available to members who remarry after retirement.  To provide the applicant an additional opportunity to change his SBP election would be inequitable to other members in similar situations and is not justified.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 March 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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 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 and adopt their rationale as the basis for the 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 this application in Executive Session on 8 April 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 23 Jan 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPTR, dated 3 Mar 03.
	Exhibit D.	Letter, AFBCMR, dated 7 Mar 03.

					
					Panel Chair