RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00210 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His record be changed to show he elected spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ APPLICANT CONTENDS THAT: He did not receive an SBP briefing during his retirement processing or during his first marriage. In support of his request, the applicant provides a personal statement, DD Form 2656-6 (Survivor Benefit Plan Election Change Certificate), a copy of his marriage certificate, divorce decree, and other documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The Defense Enrollment Eligibility Reporting System (DEERS) records show the applicant and his former spouse married on 26 November 1992 and divorced on 22 December 1993. The applicant and his current spouse married on 8 May 2008. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial. DPSIAR states the applicant’s claim of improper counseling at retirement is without merit. A copy of the SBP Report on Individual Personnel (RIP) located in the member’s records shows he signed the certification sheet on 27 September 1990, indicating he was properly briefed on the options and effects of the plan. Unfortunately, the applicant by-passed the opportunity to add his former spouse to the SBP when first eligible; therefore, coverage for his current spouse can only be provided in the event Congress authorizes an open enrollment. Had he submitted a valid SBP election on the former spouse’s behalf, spouse coverage would have been suspended when the marriage ended and reinstated on the first anniversary of his marriage to his current spouse. SBP is similar to commercial life insurance in that an individual must elect to participate and pay the associated premiums in order to have coverage. 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. The DPSIAR complete evaluation, with attachment, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 April 2010, a copy of the Air Force evaluation was forwarded to the applicant 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 the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2010-00210 in Executive Session on 8 July 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00210 was considered: Exhibit A. DD Form 149, dated 11 January 2010, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 17 March 2010, w/atch. Exhibit C. Letter, SAF/MRBR, dated 9 April 2010.