RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03324
		INDEX CODE:  137.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her record be changed to reflect termination of spouse coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

Her original retirement date was 1 November 2001, but due to 9/11 (11 September 2001) and a subsequent Stop-Loss action by the Air Force, she was unable to retire.  At that time, she was not married and had elected Non-Coverage for SBP.  She was married on 21 November 2001 but never completed another form for SBP coverage.  She would like for her original election of non-coverage to be noted.  She retired effective 1 January 2003.

In support of her appeal, the applicant has provided copies of her retirement order, a letter from HQ AFPC/DPPTR requesting SBP documentation from the applicant regarding her election and her spouse, with attachments.

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

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STATEMENT OF FACTS:

The applicant was to retire effective 1 November 2001.  Due to a stop-loss action her retirement was suspended.  She was married on 21 November 2001.  Her retirement date was reestablished as 31 December 2002, effective 1 January 2003.  She was briefed on her SBP options on 5 June 2002.  There is no evidence she completed a valid SBP election prior to 1 January 2003.

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends denial.  DPPTR provides documentation showing the applicant was briefed prior to her second retirement 

date of her obligation to make an SBP election - especially since she had married.  DPPTR notes that there is no evidence to show she made any election prior to retirement.  DPPTR notes her claim of electing non-coverage at her pre stop-loss retirement out-processing but can find no evidence of that event.  Defense Finance and Accounting Service (DFAS) defaults to full spouse coverage when the member makes no election.  On 30 October 2003, in response to her AFBCMR application, DPPTR asked her to provide a notarized statement from her husband indicating that he understood he would receive no benefit in the event of the applicant’s death.  Applicant has not responded.

DPPTR states the applicant, under the law, will have the opportunity to exercise her option to cancel or terminate all SBP participation beginning 1 January 2005.

DPPTR’s complete evaluation, with attachments, 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 9 January 2004 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 timely filed.

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.  We do note that she will have the opportunity to disenroll from SBP between the second and third year of her receiving retired pay.  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-2003-03324 in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Sep 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 23 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.