RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-00784 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records be corrected to reflect he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: He request the Board fix his error because currently he is married and wants his wife to have the opportunity to receive benefits should he die before she dies. He never opted for SBP coverage for his previous marriages, and actually he was single when he retired so it was not applicable at that time. He was not aware that there was a deadline for filing for the benefit. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The 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 D. AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. The Defense Enrollment Eligibility Reporting System (DEERS) indicates the applicant and his former spouse were married on 5 May 70. He declined SBP coverage prior to his 1 Oct 89 retirement and his, then, wife concurred. The parties divorced on 17 Mar 92. The applicant and his current spouse were married on 10 Apr 03 and there is no evidence an election was submitted for spouse SBP coverage during the 1 Oct 05 – 30 Sep 06 authorized open enrollment. A service member, who is married at retirement and declines spouse coverage under SBP, may not provide coverage for that spouse or any future spouse, unless Congress authorizes an open enrollment. During the enrollment period, service members were advised by direct mail of their eligibility to make an election. The enrollment packets, along with the Afterburner, News for USAF Retired Personnel, were sent to the correspondence address provided by the retiree to the finance center and it contained points of contract to use to obtain additional information. Furthermore, it is each service member's responsibility to ensure the required actions are taken to provide their dependents with any military benefits and privileges available to them and pay the costs associated with those benefits. A complete copy of the AFPC/DPFFF evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Jun 15, for review and comment within 30 days (Exhibit E). 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 not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely. 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 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. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2015-00784 in Executive Session on 2 Mar 16, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00784 was considered: Exhibit A. DD Form 149, dated 19 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, SAF/MRBC, dated 3 Mar 15, w/atchs. Exhibit D. Memorandum, AFPC/DPFFF, dated 22 Apr 15, w/atchs. Exhibit E. Letter, SAF/MRBR, dated 11 Jun 15. 2