RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03375
		INDEX CODE:137.00

		COUNSEL:  None

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected by showing his date of marriage as 15 April 2000, thereby allowing him to add his spouse to his child only coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

He did not know the military had to be notified of his marriage for SBP.

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

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STATEMENT OF FACTS:

The applicant was married to 	on XX February XXXX.  He and 	were divorced on XX October XXXX.  Prior to his 1 December 1979 retirement, the applicant elected child only SBP coverage based on full retired pay.  The youngest child lost eligibility for SBP in January 1999 and the monthly coverage cost ceased.  The applicant and C. were remarried on XX April XXXX.  There is no indication that the applicant notified the Defense Finance and Accounting Service (DFAS) before the first anniversary of his marriage of the change in his marital status.

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AIR FORCE EVALUATION:

AFPC/DPPTR states there is no evidence the applicant submitted a valid election to add his spouse to his existing child only coverage.  The applicant claims he was not aware that he needed to notify the finance center of his change in marital status; however, the Afterburner, News For USAF Retired Personnel, published in January and May 2000, informed retired servicemembers of the requirement to elect coverage within the first year of marriage for a newly acquired spouse.  Furthermore, SBP is similar to commercial life insurance in that individuals 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.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 19 December 2003, for review and response.  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 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 servicemember failed to notify the Finance Center of the change in his marital status, and did not submit a valid election to add spouse coverage to his existing child only coverage.  The January and May 2000 issues of the Afterburner, News For USAF Retired Personnel, informed retired servicemembers of the requirement to elect coverage within the first year of marriage for a new spouse.  Furthermore, SBP is similar to commercial life insurance in that you must elect to participate and pay the associated premiums in order to be covered by the insurance.  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-2003-03375 in Executive Session on 13 January 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 3 Oct 03, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 3 Dec 03.
	Exhibit C.	Letter, SAF/MRBR, dated 19 Dec 03.