RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01773
		INDEX CODE:137.00

	 	COUNSEL:  None

	 	HEARING DESIRED:  NO
_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to allow him to elect Survivor Benefit Plan (SBP) coverage for his wife.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His retiree account statement did not show an election for SBP.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 23 August 1993, the applicant declined SBP coverage.  He was not married at the time.  He retired on 1 October 1993.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPTR states a servicemember, who is unmarried at retirement and later marries may elect coverage for a newly acquired spouse, as long as the election is made before the first anniversary of the marriage.

The Defense Enrollment Eligibility Reporting System (DEERS) reflects the applicant and S. were married on 26 May 2001; however, he failed to submit a valid spouse election within the first year of their marriage.  The applicant submitted a request dated 1 January 2003, to the Defense Finance and Accounting Service - Cleveland (DFAS-CL), designating S. as the beneficiary to his unpaid retired pay in the event of his death.

Although the member contends he submitted a request to change his beneficiary, the request was submitted after the one-year period provided by law.  If the applicant had submitted a valid election, his monthly premiums would be $72 and costs of about $860 would have been deducted from his pay to date.  Furthermore, SBP is similar to commercial life insurance in that individual must elect to participate and pay the required premiums in order to be covered.  DPPTR further states to approve this request would provide the applicant an additional opportunity to elect SBP coverage not afforded to other retired servicemembers similarly situated.

AFPC/DPPTR finds no evidence of error or injustice and therefore, recommends the requested relief be denied.

A complete copy of the Air Force evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 27 June 2003, for review and response.  As of this date, no response has been received by this office.

_________________________________________________________________

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 the 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 contends that he submitted a request to change his beneficiary; he did not submit the request until after the one-year period required by law.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-01773 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 19 May 03, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 20 Jun 03.
	Exhibit D.	Letter, SAF/MRBR, dated 27 Jun 03.

					Panel Chair