RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00656 COUNSEL: NONE (DECEASED) HEARING DESIRED: NO (APPLICANT) APPLICANT REQUESTS THAT: Her deceased spouse’s records be corrected to change his Reserve Component Survivor Benefit Plan (RCSBP) child only coverage to spouse and child. APPLICANT CONTENDS THAT: They were married in May 07. They believed that when they provided their marriage certificate, her driver’s license and her receiving a military identification card that she had been added to his benefits. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 3 Apr 06, the service member was notified of his eligibility to receive reserve retired pay and to participate in RCSBP. On 7 Aug 07, the service member was released from his reserve assignment and transferred to the retired reserve to await retired pay at age 60. On 27 May 07, the applicant and service member were married. On 19 Oct 13, the service member passed away. 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: AFPC/DPPT recommends denial indicating there is no evidence of an error or an injustice. On 18 Aug 06, the service member received an automatic election, Option C, Immediate Annuity for child only maximum coverage. The service member was divorced with a child at the time of the election. Neither the applicant nor the service member notified ARPC of the subsequent change in marital status. Under the provisions of Title 10, United States Code (USC), an election for SBP coverage must be written, signed by the individual making the election and received within one year following the date of marriage or acquiring a dependent child. While the ARPC/DPTT empathizes with the applicant, there is no evidence she or the member reported their marital status within the required time period and her request should therefore be denied. A complete copy of the ARPC/DPPT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: They believed they had provided the necessary documentation to update their marital status to have her listed as his beneficiary. She further states her husband was never previously married. The applicant’s complete response, with attachment, is at Exhibit E. 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, to include the rebuttal response, 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. While the applicant indicates that her deceased husband was not previously married, we remain unconvinced that corrective action is warranted. The applicant’s marital status prior to the events under review have no bearing on the fact that the deceased former member failed to request coverage under the RCSBP within one year of his marriage to the applicant as required under the provisions of the program. 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-2014-00656 in Executive Session on 17 Feb 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPTT, dated 15 Sep 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 28 Sep 14. Exhibit E. Letter, Applicant, dated 20 Oct 14, w/atch.