RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00595 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to reflect his former spouse as the beneficiary of his Reserve Component Survivor Benefit Plan (RCSBP). APPLICANT CONTENDS THAT: His retirement pay should have been set up to allow his former spouse as the beneficiary of the Survivor Benefit Plan (SBP). The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is a former member of the Air Force Reserve who was placed on the Retired Reserve List effective 8 February 2014 in the rank of chief master sergeant. On 7 October 1999, the applicant completed ARPC Form 123, Reserve Component Survivor Benefit Plane Election Certificate, electing Option A, (I decline to make an election until age 60). The applicant submitted a notarized marital status affidavit, dated 20 April 2015, attesting that he and his former spouse were married on 4 February 1979 and on 13 April 2012, they divorced. The applicant also indicated that he married his current spouse on 22 February 2014. The applicant’s current spouse submitted a notarized affidavit, dated 20 April 2015, relinquishing any competing interest that she may have in the SBP benefit in favor of the applicant’s former spouse. The applicant’s former spouse submitted a notarized marital status affidavit, dated 15 April 2015, attesting that she and her former spouse were married on 4 February 1979 and on 13 April 2012, they divorced. She also indicated that she is not currently married. 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 C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial. The applicant and his former spouse divorced on 13 April 2012. The applicant did not notify the Air Reserve Personnel Center of his desired election change within the required time frame. In accordance with 10 U.S.C 1448(b)(3)(A)(iii), Manner and Time of Election – Any such election must be written, signed by the person making the election and received within one year after the date of the decree of divorce, dissolution or annulment. There is no record of notification of the divorce; therefore, the applicant is not eligible to change his RCSBP election. A complete copy of the ARPC/DPTT evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluations was forwarded to the applicant on 8 September 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 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 the recommendation of the office of primary responsibility and adopt its rationale as the basis for our conclusion that although the divorce decree awarded the former spouse continued coverage under SBP, the applicant failed to make a deemed election within one year of the date of the divorce, as required by law. Therefore, we find no basis to grant the relief sought in this application. 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-2015-00595 in Executive Session on 2 March 2016 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTT, dated 4 May 15, w/atch. Exhibit D. Letter, SAF/MRBR, dated 8 Sep 15.