RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04540 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His spouse be designated as his Survivor Benefit Plan (SBP) beneficiary. APPLICANT CONTENDS THAT: He does not recall receiving any information on the Reserve Component Survivor Benefit Plan (RCSBP); however, he may have declined as he did not have any dependents. He was retired on 18 February 2004, his 60th birthday. He did not receive any information from ARPC on SBP because he was not married at the time. He only learned recently that he was required to notify the Defense Finance and Accounting Service (DFAS) within one year of his marriage in order for his spouse to be covered for SBP. The SBP counselor at Westover ARB, MA advised him to submit an application to the Board. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant was retired on 18 February 2004, 60th birthday, in the grade of Master Sergeant (MSgt, E-7). According to a marriage certificate issued by Vermont, the applicant and his spouse were married on 27 October 2012. Per 10 U.S.C. § 1448(a)(5)(B) an election must be written, signed by the person making the election, and received within one year after the date which that person marries. AIR FORCE EVALUATION: ARPC/DPTT recommends denial. The applicant is not eligible to change his RCSBP election as there is no record he submitted a notification of his dependent change status within the required timeframe. At the time of his initial election on 11 January 2011, the applicant did not have any eligible beneficiaries and therefore was automatically given Option A, “Defer making an election until age 60.” He married on 27 October 2012, however, he did not notify ARPC of his desired election change within the required time frame in accordance with 10 U.S.C. § 1448(a)(5)(B), which states 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 the person marries or acquires a dependent child. A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 20 January 2015 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an 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 sustained his burden of proof that he has 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 requested relief. 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-2014-04540 in Executive Session on 18 August 2015 under the provisions of AFI 36-2603: , Vice Chair , Member , Member Due to the unavailability of -------, ------------- will sign as the Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 November 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTT, dated 9 January 2015. Exhibit D. Letter, SAF/MRBR, dated 20 January 2015.