RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00233
		INDEX CODE:137.00

		COUNSEL:  None

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to allow him to elect spouse coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

The applicant was not married when he retired.  He married in September 2001.  He requested SBP spouse coverage in September 2003 and was informed he could not elect spouse coverage due to the one-year time limit.  He was not aware of a one-year time limit and would be willing to pay back premiums in order to provide his wife with spouse coverage under the SBP.

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

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STATEMENT OF FACTS:

The applicant prior to enlisting in the Air Force Reserves on 5 October 1979, served honorably in the Regular Army and the Army Reserves.

The applicant on XX October XXXX, prior to his 60th birthday declined SBP coverage.  He was not married at the time and did not have any eligible children.  The applicant and D. were married on 25 September 2001.  The applicant failed to submit a valid spouse election within the first year of marriage.

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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.  Although the applicant contends he was not aware of the one-year time limit, the Afterburner, News For USAF Retired Personnel, 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 C.

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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 26 March 2004, 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 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.  Applicant’s contentions are duly noted; however, after thoroughly reviewing the evidence of record, we are not persuaded to correct the service member’s record to reflect he elected spouse coverage.  In this respect, a member who is not married at the time of retirement and marries later may elect coverage for a newly acquired spouse within one year of the marriage.  We note the applicant married D. in September 2001, and failed to elect spouse coverage within the first year of their marriage.  He contends that he was not aware of the one-year time period required to add spouse coverage for a newly acquired spouse.  However, we note the Afterburner, News for USAF Retired Personnel was mailed to the applicant at the address he provided to the finance center.  The Afterburner contained information regarding the procedures for adding a spouse after retirement.  The applicant has not provided persuasive evidence that he did not 
receive this information.  The applicant had the opportunity to elect coverage for his spouse and failed to do so.  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-2004-00233 in Executive Session on 20 July 2004, under the provisions of AFI 36‑2603:
The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 17 Jan 04, w/atchs.
	Exhibit B.	Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPTR, dated 23 Mar 04.
	Exhibit D.	Letter, SAF/MRBR, dated 26 Mar 04.

					
					Panel Chair