RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01895 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect that he selected Survivor Benefit Plan for his spouse within a year of their marriage. ________________________________________________________________ APPLICANT CONTENDS THAT: He sent a letter with his marriage certificate to the Defense Finance and Accounting Service (DFAS). A year later he received his Retiree Account Statement (RAS) and noticed that his wife was not added to receive SBP. He reapplied for SBP but was informed that the first anniversary of his marriage was past and his request was not valid. In support of his request, the applicant has not provided any supporting documentation. His complete submission is at exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force (exhibit B). Accordingly, there is no need to recite these facts in this Record of Proceedings. ______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial. 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, SBP coverage for that person or another person of that category may be elected only if congress authorizes an open enrollment period. The DFAS records reflect the applicant was not married, but had eligible children and elected child only SBP coverage based on full retired pay prior to his 1 January 1987 retirement. The youngest child lost eligibility due to age and SBP premiums ceased effective 1 July 1992. The applicant married his wife on 17 December 2009, but failed to notify DFAS of the change to his marital status or request SBP coverage be established on his wife’s behalf within the first year of their marriage. The complete AFPC/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 24 June 2011 for review and comment within 30 days. As of this date, this office has not received a response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 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 that the applicant has not been the victim of an error or injustice. We note that should Congress declare an open enrollment period the applicant will have an opportunity to elect coverage. Therefore, in the absence of evidence to the contrary, 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 this application BC-2011-01895 in Executive Session on 14 February 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149 dated 19 May 2011. Exhibit B. Letter, AFPC/DPSIAR, dated 15 June 2011. Exhibit C. Letter, SAF/MRBR, dated 24 June 2011