RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02263 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: Her record be corrected to reflect she elected spouse coverage under the Survivor Benefit Plan (SBP). _________________________________________________________________ APPLICANT CONTENDS THAT: She was told at the time of her retirement that she was not eligible for SBP due to her and her spouse both being military members. In support of her appeal, the applicant provides a Defense Finance and Accounting Service (DFAS) letter in response to a Congressional Inquiry. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who declined SBP coverage prior to her 1 September 1991 retirement. Records reflect her spouse concurred in her election, properly complying with the provisions of Public Law 99-145. The remaining relevant facts are contained in the letter prepared by the Air Force office of primary responsibility (OPR) which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial, indicating there is no evidence of an error or injustice. While they cannot confirm or deny the applicant’s claim she and her spouse were provided incorrect information about their eligibility to elect SBP coverage on each other’s behalf, they are confident SBP counselors discharged their official duties with professionalism, diligence, and accuracy. The applicant offers no evidence of attempts to seek correction during the twenty years she has been retired before her March 2012 Congressional Inquiry she submitted to DFAS. Furthermore, there is no evidence the applicant submitted an open enrollment election to provide SBP coverage on her spouse’s behalf during any of the opportunities authorized by Public Laws subsequent to his retirement. It is each service member’s responsibility to ensure required actions are taken to provide current and future family members with military benefits and privileges available to them and pay the costs associated with these programs’ protection. It would be inappropriate to provide the applicant an additional opportunity to provide SBP coverage, an opportunity not afforded to other similarly situated members. There is no evidence of Air Force error or injustice in this case. The complete AFPC/DPSIAR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 July 2012, for review and comment within 30 days (Exhibit D). 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 issue(s) 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 material 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-2012-02263 in Executive Session on 19 December 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Apr 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIAR, dated 20 Jun 12 Exhibit D. Letter, SAF/MRBR, dated 2 Jul 12.