RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05214 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His record be corrected to reflect he elected not to participate in the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: He was not aware of SBP automatic participation if he did not sign up to participate. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 21 Aug 91. On 31 Aug 14, the applicant was furnished an honorable discharge, retired effective 1 Sep 14, and was credited with 23 years, and 10 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit E. AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. When a member fails to complete a valid SBP election prior to retirement, coverage is established for all eligible beneficiary (ies) by operation of law. Public Law (PL) 99-145 requires spouses of married members to concur in writing, prior to the member's effective date of retirement, with SBP elections that provide less than full spouse coverage. The concurrence must be notarized, or witnessed by an SBP counselor to be valid. Absent a valid election, the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL) establishes SBP coverage at the maximum level for all eligible beneficiary (ies) to comply with the law. PL 105-85, 18 Nov 97, provides for a one-year period beginning on the 25th month following commencement of retired pay, during which SBP participants may choose to voluntarily discontinue their participation. The applicant's claim that he was not aware of the SBP automatic deduction is without merit. Records reflect that a SBP counselor briefed the applicant on the options and effects of the SBP on 14 Apr 14. The SBP counselor provided a copy of the SBP Report of Individual Person (RIP) which clearly states, in Item B, that maximum SBP premiums will be deducted by DFAS if he fails to complete a valid DD Form 2656, Data for Payment of Retired Personnel, with his wife's concurrence. Furthermore, the applicant signed the SBP RIP certifying that he was briefed and understood that if he failed to make an SBP election prior to his retirement, DFAS would automatically establish full coverage by operation of law. The applicant's failure to make an SBP election when he was briefed on 14 Apr 14 or schedule an additional appointment to make a valid SBP election prior to his retirement date resulted in his automatic enrollment in the SBP. Approval of this request would provide the applicant an opportunity not afforded other retirees. The applicant may exercise his option to terminate SBP coverage during the one-year period authorized by PL 105-85, beginning on 1 Sep 16. A complete copy of the AFPC/DPFFF evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Apr 15, for review and comment within 30 days (Exhibit F). 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of 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-2014-05214 in Executive Session on 18 Aug 15 under the provisions of AFI 36-2603: Although ------- chaired the panel, in view of her unavailability, due to retirement, ------- has signed as Panel Chair. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-05214 was considered: Exhibit A.  DD Form 149, dated 22 Dec 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, SAF/MRBR dated 12 Jan 15, w/atchs. Exhibit D.  Affidavits, Applicant, dated 28 Jan 15. Exhibit E.  Memorandum, SAF/DPFFF, dated 6 Mar 15. Exhibit F.  Letter, SAF/MRBR, dated 1 Apr 15.