RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02399 INDEX CODE:	137.04
XXXXXXXXXXXXXXXXXXXXX	COUNSEL: NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His records be corrected to allow him to provide Survivor Benefit Plan (SBP) coverage for his wife.

APPLICANT CONTENDS THAT:
He thought SBP was automatic and that his wife had to have a green card in order to apply for any benefits.

In support of his appeal, the applicant provides a letter from his congressman, a Department of Veteran Affairs (DVA) Commendation citation, DVA Valor Medal citation, and a DVA Statement of Medical Care Cost Recovery Account Activity.

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

STATEMENT OF FACTS:
According to the military personnel data system, the applicant retired on 19 December 1996 from the Air National Guard in the grade of master sergeant (E-7).

The remaining relevant facts are contained in the Air Force advisory opinion at Exhibit B.

AIR FORCE EVALUATION:
ARPC/DPSIAR recommends the applicant’s request be denied. DPSIAR states a member who is unmarried at retirement may elect coverage for the first spouse acquired after retirement; however, the election must be made before the first anniversary of the marriage. If a member fails to make an election before then, he may not provide SBP coverage for that person or another person of that category unless Congress authorizes an open enrollment period.

DPSIAR indicates the applicant is a retired Guard member who was unmarried and elected child only SBP coverage based on full retired pay effective 19 December 1996. His youngest child lost eligibility due to age and SBP premiums ceased effective 1 June 2000.  Records reflect the applicant married his current wife on
8 August 2003, but failed to elect SBP coverage for her before the first anniversary of their marriage. There is no evidence he submitted an election on her behalf during open enrollment authorized by Public Law 108-375 (1 October 2005 to 30 September 2006). If he had elected coverage at that time, his buy-in costs would have been approximately $12,500.

DPSIAR states it is the responsibility of each retiree to take timely and appropriate action to ensure their spouses are properly designated for military benefits. SBP is similar to commercial life insurance in that an individual must elect to participate and pay the premiums in order to have coverage. It would be inequitable to those members who chose to participate when eligible and subsequently received reduced retired pay, to provide this applicant a third opportunity to elect SBP coverage on the basis of the evidence presented.

The DPSIAR evaluation is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8 August 2008 for review and comment within 30 days (Exhibit C).  As of this date, this office has received no response.

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. We took notice of the applicant’s complete submission in judging the merits of this case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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.

The following members of the Board considered this application in Executive Session on 17 September 2008, under the provisions of AFI 36-2603:

, Panel Chair,
 Member
Member
The following documentary evidence was considered in connection with AFBCMR Docket No. BC-2008-02399:

Exhibit A.	DD Form 149, dated 16 Jun 08, w/atchs. Exhibit B.	Letter, AFPC/DPSIAR, dated 18 Jul 08. Exhibit C.	Letter, SAF/MRBR, dated 8 Aug 08.

Panel Chair