RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02681
		INDEX CODE:137.00

		COUNSEL:  None

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP).

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APPLICANT CONTENDS THAT:

Since May 2000, he has mailed several DD Forms 2618 to the Air Force to have his wife as his survivor for his retirement pay.  He received a response in September 2003, informing him the request he submitted was not received until after the authorized open enrollment period.

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

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STATEMENT OF FACTS:

Prior to his 1 August 1968 retirement, the applicant was married and elected spouse coverage under the Retired Serviceman’s Family Protection Plan (RSFPP). The applicant did not make an SBP election during the 1972-1974, 1981-1982 or 1992-1993 open enrollments.  The applicant’s first marriage ended, however, there are no documents available to determine the date or circumstances.  The premiums for the RSFPP continue to be deducted from his retired pay.  The applicant and M. were married on 18 February 1998.

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AIR FORCE EVALUATION:

AFPC/DPPTR states servicemembers could make an election prior to completing 19 years of service under the RSFPP.  An RSFPP beneficiary may receive both an RFSPP and an SBP annuity.  Public Law (PL) 92-425, which established the SBP on 21 September 1972, authorized an enrollment period for retired members to elect SBP coverage.  Servicemembers could either terminate or keep their RFSPP in addition to electing SBP.  Dependents acquired after the effective date of the servicemember’s retirement were not eligible for RSFPP coverage.

The survivors of retired servicemembers may continue to receive a portion of the sponsor’s retired pay only if the servicemember was a participant in the SBP.  The law contained no automatic enrollment provision that extended SBP coverage to a spouse acquired after retirement unless spouse coverage had been previously elected, then suspended due to the death or divorce of the previous beneficiary.

PL 105-261, 17 October 1998, authorized an SBP open enrollment period beginning 1 March 1999 and ending 29 February 2000.  Servicemembers, during the open enrollment period, who had less than maximum level SBP, were allowed to increase their coverage up to a maximum base amount of their gross retired pay.

The Defense Finance and Accounting Service (DFAS) provided copies of the DD Form 2618, Survivor Benefit Plan (SBP) Open Enrollment Election (January 1992), which the applicant submitted on 12 January 2002.  While the DD Form 2618 was developed for the 1992-1993 open enrollment and contains typed data in some of the blocks, there is no evidence the applicant actually submitted the form to the finance center until 12 January 2002.

The January, May and September 1999 issues of the Afterburner, News for USAF Retired Personnel, containing information, the form, and follow-up information about the 1999-2000 SBP open enrollment, were sent to the applicant at the address he reported to the finance center as his correspondence address as early as November 1993 and which he did not change until November 2000.

The applicant had several opportunities to elect spouse coverage, but he did not.  If he had elected SBP coverage for his previous spouse, his coverage would have been suspended following her death or divorce and he could have reinstated spouse coverage on the first anniversary of his second marriage.

AFPC/DPPTR 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 8 October 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 servicemember’s record to reflect he elected spouse coverage.  The applicant, prior to his 1968 retirement, elected spouse coverage under the Retired Serviceman’s Family Protection Plan (RSFPP).  After his first marriage ended, he remarried in February 1998; however, his current spouse is not eligible to receive RSFPP because the marriage occurred after the applicant retired.  Had the applicant made an election under the Survivor Benefit Plan when it became effective on 21 September 1972, or during any of the open enrollment periods in 1972-1974, 1981-1982 or 1992-1993, he could have reestablished coverage for his current spouse on the first anniversary of their marriage.  The applicant had another opportunity to elect coverage for his current spouse during the authorized open enrollment period for 1999-2000.  However, the applicant failed to elect spouse coverage in a timely manner during this time period.  In this respect, it is noted he apparently submitted the election form well after the deadline.  The applicant has not established to our satisfaction that he was unaware of the requirements to establish SBP coverage for his current spouse.  The applicant had several opportunities to elect SBP coverage in order that his current spouse could be eligible for an annuity; however, he 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 this application in Executive Session on 2 and 8 December 2004, under the provisions of AFI 36‑2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2004-02681 was considered:

	Exhibit A.	DD Form 149, dated 22 Aug 04, w/atchs.
	Exhibit B.	Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPTR, dated 30 Sep 04.
	Exhibit D.	Letter, SAF/MRBR, dated 8 Oct 04.
	Exhibit E.	Letter, Applicant’s Response, dated 2 Dec 04, 
				w/atchs.