RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00998
		INDEX NUMBER:  137.01

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Corrective action be taken that would allow him to elect spouse coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

He submitted documentation and a request to DFAS within one year after marriage, but no action was taken by DFAS at that time or after subsequent requests.

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

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STATEMENT OF FACTS:

The member was married at the time of his retirement on 1 Jul 71.  The parties divorced on 12 Jul 73.  At the time of the Plan’s initial open enrollment period (21 Sep 72 – 20 Sep 73), the member was not married and had no eligible spouse beneficiary.  The member married his current wife on 15 Feb 01; however, there is no record he submitted a request to establish SBP coverage on her behalf within the first year of their marriage.

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AIR FORCE EVALUATION:

HQ AFPC/DPPTR recommends denial and states, in part, the member provided no evidence a valid request to establish coverage for his wife was submitted to DFAS.  A member, who is unmarried at retirement, may elect coverage for a newly acquired spouse; however the election must be made before the first anniversary of the marriage.  If a member fails to make an election before then, SBP coverage may only be elected if Congress authorized an open enrollment period.  Additionally, the SBP remarriage election certificate he provided was completed after the first anniversary of his marriage, making it unacceptable to use as a valid request.  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.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30 Apr 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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.  Other than his own assertions, we find no evidence has been presented to show the applicant submitted a valid request to the Defense Finance and Accounting Service-Denver Center to establish survivor coverage for his spouse within the first year of their marriage.  Therefore, 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.  Based on the foregoing and 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 Docket Number BC‑2004-00998 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 18 Mar 04, w/atchs
    Exhibit B.  Letter, AFPC/DPPTR, dated 27 Apr 04
    Exhibit C.  Letter, SAF/MRBR, dated 30 Apr 04