RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02805 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show that he elected Survivor Benefit Plan (SBP) coverage for his wife. _________________________________________________________________ APPLICANT CONTENDS THAT: He submitted all pertinent records and paperwork in June 2005, one month after he married, but the SBP coverage has still not been established. In support of his appeal, the applicant provides a personal statement, and copies of his letter to the Defense Finance and Accounting Service (DFAS) dated 6 March 2008; his DD Form 214, Certificate of Release or Discharge from Active Duty; Certificate of Marriage; and the DFAS response to the applicant’s congressional inquiry. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letters prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial. DPSIAR states the applicant was divorced and declined SBP coverage prior to his 1 December 2000 retirement. He and his current spouse married on 28 May 2005. The applicant provided a copy of his 6 March 2008 letter to DFAS in which he claims he had requested SBP coverage be established for his wife “by the middle of June 2005.” However, DFAS records contain no evidence he submitted a valid request to elect SBP coverage for his wife within the first year of marriage. On 27 February 2008, DFAS responded to the applicant’s congressional inquiry that he could not elect SBP coverage unless another open enrollment was authorized. DPSIAR indicates the applicant’s intentions to provide SBP coverage for his wife are clear and apparently sincere; however, specific and timely action is required to elect SBP coverage following post-retirement changes in marital status. The Afterburner, News for USAF Retired Personnel, was regularly published after the applicant’s retirement and before and after his marriage, which contained reminders for members concerning required actions to provide SBP coverage following changes in marital and family status. These editions were mailed to the same address where the applicant continues to reside. It is each member’s responsibility to ensure required actions are taken to provide family members those military benefits and privileges which is afforded to them. It would be inappropriate to provide the applicant an additional opportunity to provide SBP coverage, an opportunity not afforded to other retirees similarly situated. There is no evidence of an Air Force error or injustice in this case. The complete DPSIAR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: As he has stated in his previous correspondence, all paperwork was sent as of June 2005. He and his wife had their mothers sign the paperwork and sent it out on, or about, the first week of June 2005. It is important for his wife to receive this money when he passes away as she is now on disability. The applicant’s complete rebuttal is at Exhibit D. _________________________________________________________________ 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. After reviewing the evidence of record, we are not persuaded that the applicant has been the victim of an error or injustice. Based on the evidence of record, the applicant declined SBP coverage prior to his 1 December 2000 retirement. We note the applicant contends he requested SBP coverage for his spouse in June 2005 after he married; however, he has not provided sufficient evidence to support his claim. Therefore, in the absence of evidence to the contrary, 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 that the applicant has not been the victim of an error or injustice. Accordingly, we find no 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 AFBCMR Docket Number BC-2010-02805 in Executive Session on 19 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-02805: Exhibit A. DD Form 149, dated 29 Jul 10, w/atchs. Exhibit B. Letter, AFPC/DPSIAR, dated 21 Sep 10. Exhibit C. Letter, SAF/MRBR, dated 5 Nov 10. Exhibit D. Letter, Applicant, dated 12 Nov 10.