RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01342 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His record be corrected to allow him to establish Survivor Benefit Plan (SBP) coverage for his wife. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was given incorrect information during his outprocessing which indicated if he elected SBP coverage for his children, then he could later change his election to have his wife covered. The applicant does not provide any evidence in support of his appeal. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The relevant facts, extracted from the applicant’s military personnel records, are contained in the evaluation from the Air Force office of primary responsibility at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIAR recommends denial. DPSIAR states that there is no evidence of error or injustice in this case. The applicant elected child only SBP coverage based on full retired pay prior to his 1 September 1997 retirement. His spouse concurred with his election. Had he elected spouse and child coverage, monthly SBP premiums would have been approximately $110 vice child only costs of less than $10. There is no evidence the applicant submitted a valid election to add his wife during the open enrollment periods of 1 March 1999 – 29 February 2000 or 1 October 2005 – 30 September 2006. DPSIAR states there is no indication the applicant was improperly counseled by the SBP officer prior to his retirement. He made a valid SBP election for child only coverage with his wife’s concurrence. It was the applicant’s responsibility to elect the SBP coverage that best suited his family at that time. His wife’s signature on Section XI of the DD Form 2656, Data for Payment of Retired Personnel, indicates her acknowledgement of the decision to elect child only coverage and that the election would be irrevocable. The applicant had three opportunities to elect SBP coverage for his wife, but failed to do so. Approval of the applicant’s request would provide him an additional opportunity to elect SBP coverage not afforded other retirees similarly situated and is not justified. The complete DPSIAR evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 June 2011, for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. ________________________________________________________________ _ 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 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-01342 in Executive Session on 8 December 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-01342: Exhibit A. DD Form 149, dated 8 Apr 11. Exhibit B. Letter, AFPC/DPSIAR, dated 18 May 11. Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11.