RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01685
INDEX CODE:  137.03
	XXXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His records be corrected to show he elected spouse and child coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

He requested SBP coverage for his current spouse in September 1998 at the same time she received her ID Card.  

The applicant provided no evidence in support of his appeal.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was relieved from active duty on 31 December 1984 with 26 years and 15 days of service and retired in the grade of technical sergeant effective 1 January 1985.  

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.  

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  DPPTR is of the opinion that there is no evidence of Air Force error or injustice in this case.  The member’s claim that his military records should state his spouse and one child was on his SBP on September 1998 is without merit.  DPPTR states that records reflect the applicant excluded SBP coverage for his first eligible spouse by choosing child only coverage prior to his 1 January 1985 retirement.  His choice to not provide SBP coverage on his first spouse terminated his future eligibility to elect SBP coverage for any spouse he may acquire.  However, if a retiring member excludes an otherwise eligible dependent from SBP’s protection when first entitled to make an election, coverage for any person of that category (spouse, former spouse, or child) may only be obtained during a Congressionally mandated open enrollment period.  He and his first spouse divorced on 8 November 1994.  The applicant married his current spouse on 18 September 1998.  PL 105-261 authorized an SBP open enrollment period (1 March 1999 - 29 February 2000), but there is no evidence the applicant submitted an election to name his current wife as a beneficiary.  The DPPTR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 June 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D).  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 probable error or injustice.  After reviewing the evidence of record, we are not persuaded that the applicant has been the victim of an error or injustice.  The available evidence indicates that the applicant did not elect SBP coverage for his spouse at the time of his retirement or for his current spouse during the 1999-2000 open enrollment period.  In addition, the applicant has provided no evidence that would lead us to believe the SBP counselor provided misleading or inaccurate information at the time of his retirement.  Therefore, in the absence of substantive evidence to the contrary, 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.  Accordingly, 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 30 September 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket No. BC-2003-01685:

	Exhibit A.  DD Form 149, dated 15 Apr 03.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPTR, dated 12 Jun 03.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 03.

									Panel Chair