RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02286
		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:

At the time of his retirement, he was not married and elected child only SBP coverage.  He was not counseled properly on possible future elections if he were to marry.

Also, during the 1999 open enrollment season he was in the hospital for open heart surgery.

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

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STATEMENT OF FACTS:

The applicant, prior to his 1 March 1986 retirement, elected child only SBP coverage based on a reduced level of retired pay.  His records reflect the last dependent child became ineligible for SBP in July 1994.  The applicant and S. were married on 13 August 1998.  He failed to submit a valid spouse election within the first year following their 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.  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, information regarding the 1999-2000 open enrollment was published in four consecutive issues of the Afterburner (January, May, September 1999 and January 2000).  The January 2000 issue was mailed to the address the applicant provided the finance center, the same address he currently resides.  Although the applicant contends he was hospitalized during the open enrollment period, he has not provided any documentation showing he received medical treatment that impaired him physically or mentally that affected his ability to submit an election for spouse coverage.  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 B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant submitted documentation regarding his medical condition during the contested time period (Exhibit D).

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  After thoroughly reviewing the documentation submitted with this appeal, it is reasonable to believe the servicemember may have been unaware of his responsibility or unable to make an SBP election for his new spouse following his August 1998 remarriage.  In coming to this conclusion, we note that during early 1999, he underwent open-heart surgery and rehabilitative therapy and may have been unable to make an election during the open season.  Furthermore, we note it had been several years since his retirement when he remarried and while we cannot determine at this late date what pre-retirement SBP counseling he received regarding any future SBP elections, we are persuaded the applicant would have made the election for his new spouse had he been aware of this requirement.  In this respect, the applicant demonstrated his intent to provide coverage for his family as evidenced by his election of child only coverage when he retired.  Furthermore, the applicant has stated his willingness to repay all premiums.  In consideration of the totality of the circumstances, we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 12 August 1999, he elected to add spouse coverage to his suspended child only coverage under the Survivor Benefit Plan, based on a reduced level of retired pay.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02286 in Executive Session on 24 September 2004, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 18 May 04, w/atchs.
	Exhibit B.	Letter, HQ AFPC/DPPTR, dated 18 Aug 04.
	Exhibit C.	Letter, SAF/MRBR, dated 20 Aug 04.
	Exhibit D.	Applicant’s Response, dated 13 Sep 04, w/atchs.

AFBCMR BC-2004-02286

MEMORANDUM FOR THE CHIEF OF STAFF

	Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that:

	The pertinent military records of the Department of the Air Force relating to          , be corrected to show that on 12 August 1999, he elected to add spouse coverage to his suspended child only coverage under the Survivor Benefit Plan, based on a reduced level of retired pay.