RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03385
			INDEX CODE:		 137.01
	 		COUNSEL:  NONE

	 			HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

His records be changed to add spouse coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

At the time of his discharge he was not married.

In support of his request, applicant provided a copy of his Marriage License, a copy of Special Order Number ACD-XXXX, a copy of AF Form 2653, Retirement Special Order-Physically Unfit, and a copy of AF Form 1265, Survivor Benefit Plan (SBP) Election.

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

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STATEMENT OF FACTS:

The applicant was unmarried and elected child only SBP coverage based on full retired pay prior to being placed on the Temporary disability Retired List (TDRL) effective 3 December 1991.  The member and XXXXXXX married on XX June XXXX, but he failed to elect SBP coverage for her within the first year following their marriage.  On 24 June 1993, he was transferred from the TDRL to the Permanent Disability Retired List (PDRL).  His monthly premium for child coverage is less than $6.00; costs for spouse and child coverage would be approximately $17.00 per month.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends denial.  There is no evidence of error or injustice in this case and they recommend the request be denied.

There is no evidence the member submitted a valid election to add his wife to his existing child only coverage.  He offers no explanation why he waited more than ten years since his marriage to request corrective action.  Had he made an election within the first year after his marriage, he would have paid approximately $2,300 in SBP premiums to date.  Public Law 105-261 authorized a one-year open enrollment period (1 March 1999 through 29 February 2000) for retirees to elect or increase coverage.  Absent a valid election within the first year of his marriage, the applicant could have elected coverage for his wife during this period, but he failed to do so.

Approval of this request would provide the applicant an additional opportunity to elect SBP coverage not afforded other retirees similarly situated and is not justified.

The DPPTR 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 21 November 2003, for review and response.  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 an error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that the relief requested should be granted.  Applicant's contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice.  In view of the above and absent of persuasive 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 Docket Number BC-2003-03385 in Executive Session on 27 January 2004 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Sep 03, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPTR, dated 13 Nov 03.
   Exhibit C.  Letter, SAF/MRBR, dated 21 Nov 03.