RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01220
		INDEX CODE:  137.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be changed to show he added his wife to his child only Survivor Benefit Plan (SBP) annuity.

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APPLICANT CONTENDS THAT:

On his last retiree account statement dated February 2003, he realized that the SBP coverage for child, date of birth 2 November 1990, is still effective.  On 15 January 2003, he mailed a designation of beneficiary information form with the information of his spouse thinking this would change the SBP coverage to his spouse.  He indicates that he has had no contact with his child or the child’s mother for over five years.  He has no idea where they are located and he has tried to contact them over the years without success.  He was married on 1 September 2000 and would like his spouse added to his SBP annuity coverage.

In support of his appeal, the applicant provided a personal statement, a copy of his Marriage Certificate, dated 1 September 2000, AF Form 1266 Survivor Benefit Plan (SBP) Election, dated 25 August 1992, and other documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was unmarried and elected child only SBP coverage based on full retired pay prior to his 1 November 1992 retirement date.

The applicant married on 1 September 2000, but he did not elect SBP coverage for his spouse within the first year following his marriage.

On 14 January 2003, the applicant sent a request to the Defense Finance and Accounting Service - Cleveland Center (DFAS-CL), designating his spouse as the beneficiary to his unpaid retired pay in the event of his death.

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AIR FORCE EVALUATION:

AFPC/DPPTR recommended denial.  They indicated that the applicant claims he submitted a request to change his beneficiary, however, that request was submitted more than two years following his marriage.  There is no record that he submitted a request within the first year of marriage.  SBP is similar to commercial life insurance in that an individual must elect to participate and pay the associated premiums in order to have coverage.  His monthly premium for child coverage is approximately $11; cost for spouse and child coverage would be approximately $87 per month.  Approval of this request would provide the applicant an additional opportunity to elect SBP coverage not afforded other retirees similarly situated and is not justified.  If relief is granted, retroactive costs approximate $1,900 plus interest.  If the Board’s decision is to grant relief, the applicant’s record should be corrected to show that on 31 August 2001 he elected to add his spouse to his child only coverage based on full-retired pay.  Approval should be contingent upon the recoupment of all applicable premiums the applicant would have paid had he made the election at that time.

The evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 June 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 an 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 our conclusion that the applicant has not been the victim of an error or injustice.  The applicant was unmarried and elected child only SBP coverage based on full-retired pay prior to his 1 November 1992 retirement.  He married on 1 September 2000, but failed to make an election to add his new spouse to his existing coverage within the first year of their marriage, as required by law.  Although he submitted a request to change his beneficiary, this request was to change his beneficiary for his arrears of pay, in the event of his death.  The request did not affect his SBP election.  Furthermore, while he contends he believes this action would change his SBP beneficiary, his request was submitted more than two years after his marriage.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or an 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-2003-01220 in Executive Session on 30 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 April 2003, w/atchs.
   Exhibit B.  Letter, AFPC/DPPTR, dated 9 June 2003.
   Exhibit C.  Letter, SAF/MRBR, dated 10 June 2003.