RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01370
		INDEX CODE:  137.04

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he elected coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

When he retired from the Air Force, his former spouse had already abandoned the household.  He was able to contact her to sign the paperwork declining SBP coverage, since they would not be getting back together.  Due to regulations, he was not able to change his marital status, since his divorce was not finalized until Dec 97.  At the time he and his former spouse signed the form he was not advised of the consequences declining the SBP would have if he decided to remarry.

He has since remarried and would like his current spouse to be entitled to benefits under the plan.

In support of his appeal, applicant provided a copy of his marriage license, issued 8 Jul 02; a copy of his divorce decree; a copy of a letter from DFAS, dated 8 Mar 03; a copy of DD Form 2656, Data for Payment of Retired Personnel, and a copy of his SBP Briefing Certification, signed 4 Mar 97.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was married and declined SBP coverage, with his spouse’s consent, prior to his 1 Jul 97 retirement.  They divorced in Dec 97.  Defense Enrollment Eligibility Reporting System (DEERS) records reflect the applicant remarried on XXXXXXX.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR reviewed this application and recommended denial.  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 a congressionally mandated open enrollment period.

Although applicant claims he was unaware of the consequences of declining the SBP, records reflect he signed the certification sheet on 4 Mar 97, indicating he was properly briefed on the options and effects of the Plan.  Had the applicant elected spouse only coverage at the time of his retirement, coverage and costs would have been suspended upon the divorce.  Coverage would have then been reinstated on the first anniversary of his second marriage.  

A complete copy of the 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 10 Jun 03 for review and comment 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 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 BC-2003-01370 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 24 Apr 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 9 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 03.