RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00051 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His record be changed to show he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). APPLICANT CONTENDS THAT: He made his original RCSBP election of Option C for children only on 31 March 1999. He was not aware of any need, or opportunity to update the plan after a life changing event. Nowhere on the RCSBP Certificate is there a note to update coverage. Nor was he advised after he remarried and enrolled his wife into DEERS in 2008 that he needed to update his RCSBP election. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The RCSBP Information Package that was mailed to the applicant at his initial election point stated: “If you do not have a spouse or dependent children at the time you are entitled to make an RCSBP election, but later acquire a spouse or children, you may elect RCSBP coverage for that spouse or children within one year of acquisition.” AIR FORCE EVALUATION: ARPC/DPTT recommends denial based on the applicant not making the update within one year of his marriage as prescribed by Title 10 USC, Subsection 1448 (a)(5)(8). ARPC/DPTT states the applicant married on 4 July 2008. In accordance with Title 10 USC, Subsection 1448 (a)(5)(B), “Manner and time of election. - Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date which that person marries or acquires the dependent child.” They have no record of the applicant contacting ARPC and requesting to add his spouse to his RCSBP. The complete DPTT evaluation, with attachments, is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states while he did not notify ARPC of his desire to add his spouse to the RCSBP coverage within one year of his re-marriage in 2008, he did not do so because he was not sufficiently notified of his option to make a new election for coverage. He may have been notified of the policy in an RCSBP information package that was provided to him at his initial election that was made in April 1999. However, nowhere on the RCSBP Election Certificate is there a reference to this policy or a note stating what options would be available to him if his status changed. When he re-married in 2008, nine years later, he went to the local personnel flight to get his wife an ID card and have her entered into DEERS; however, there was no verbal, or written, reminder of the policy and he did not update his coverage. There was also no notification to his spouse that an earlier RCSBP election was made and that the immediate spouse annuity (Option C) was not chosen. As a result, there was no required spousal consent provided and his spouse has been denied this benefit. The applicant’s complete response 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 an error or an 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 (OPR) 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. 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-2014-00051 in Executive Session on 22 November 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 January 2014, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 27 February 2014, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 15 September 2014. Exhibit D. Letter, Applicant, dated 7 October 2014.