RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05201 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show that he made a timely election for spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). ________________________________________________________________ APPLICANT CONTENDS THAT: When he separated from the Air Force in 1999, he applied for RCSBP coverage for his former spouse. After his divorce in 2002, he sent a copy of his divorce decree to ARPC and assumed that the coverage he had for his former spouse would be extended to his current spouse. He did not become aware that additional actions were required until he applied for retirement in July 2013. If ARPC had notified him that he was required to reapply for RCSBP coverage he would have certainly reapplied. The applicant provides no rationale as to why his failure to timely file should be waived in the interest of justice. In support of his request, the applicant provides a personal statement. His complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: The applicant was transferred to the Retired Reserve List effective 31 March 1999. He was eligible for Reserve retired pay at age 60 under the provisions of Title 10, United States Code, § 1331. AIR FORCE EVALUATION: ARPC/DPTT recommends denial. On 9 August 1999, the applicant made an election of Option B, “Deferred Annuity, for Spouse and Child(ren) Only.” On 10 June 2002, he divorced and the court did not award former spouse coverage under the RCSBP; therefore, his coverage was updated to reflect child(ren) only. On 28 May 2005, he married his current spouse. However, ARPC was not notified of the change of marital status within the required time frame. The RCSBP information package sent to the applicant clearly stated that any life changing event must be reported within one year of the event. ARPC has no record of the applicant reporting his marital change within the required time period. The complete DPTT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 10 January 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit D). 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 the rationale expressed 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. 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 in Executive Session on 9 October 2014, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence pertaining to AFBCMR BC-2013-05201 was considered: Exhibit A. DD Form 149, dated 31 October 2013, w/atch. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 30 December 2013, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 10 January 2014.