RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01653
		INDEX CODE:  137.04

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His participation in the Survivor Benefit Plan (SBP) be terminated.

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APPLICANT CONTENDS THAT:

He elected SBP coverage during his last marriage and was not informed that he could only cancel the insurance if he was divorced.  He has been separated from his wife for over a year and no longer feels obligated to provide her coverage.

In support of his appeal, applicant submitted a copy of his Retiree Account Statement, effective 2 Jan 03.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Based on facts provided by the Air Force, applicant and his former spouse were married and he elected spouse and child coverage based on full-retired pay prior to his 1 Jan 89 retirement.  Coverage was suspended following their divorce on 9 Nov 92.  The record reflects the applicant remarried on 12 Mar 94 and divorced on 20 Apr 95.  His third marriage was on 14 Jun 95, but he failed to submit a request to not extend SBP coverage to his third wife before the first anniversary of their marriage; therefore, his third spouse became the eligible spouse beneficiary on 14 Jun 96.  On 5 Feb 01, DFAS-CL processed member’s request to update his records to reflect on 6 Apr 00 he acquired an eligible child under the SBP.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR reviewed this application and recommended denial.  Public Law (PL) 99-145 provides a one-year period during which SBP participants with suspended spouse coverage who remarry may choose to not extend SBP protection to the newly acquired spouse.  Written requests must be received within the first year following remarriage.  

The statute ensures that qualified, newly acquired spouses are afforded the protection of the SBP regardless of the member’s failure or delay in requesting the coverage.  This automatic feature of the SBP was adjusted by PL 99-145, but required that the applicant take specific action to prevent his new spouse from becoming the eligible SBP beneficiary.  Applicant had ample resources available to learn about his opportunity to not extend SBP coverage following remarriage.  Information and points of contact were published in the Afterburner, News for USAF Retired Personnel, reminding retirees of their options upon remarriage.  They advise participants to contact the finance center immediately upon gaining or losing a potential beneficiary.  Retired members are personally responsible to ensure they obtain or exempt their dependents’ entitlement to military benefits.  

While the applicant acted in a timely manner to notify DFAS-CL to update his SBP to reflect his newly acquired ward, it is reasonable to expect him to have also acted properly to inform the finance center he did not wish to extend SBP coverage to his third spouse.

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 17 Jan 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-2003-01653 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 7 May 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPTR, dated 12 Jun 03.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 03.

                                   Panel Chair