RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03355 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: His current spouse be designated his Survivor Benefit Plan (SBP) beneficiary. APPLICANT CONTENDS THAT: His spouse should be listed as his SBP beneficiary. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant was a member of the Air National Guard (ANG) and retired on 17 Jul 08 (his 60th birthday) in the grade of Master Sergeant (MSgt). According to a death certificate issued by the Ohio Department of Health, the applicant’s National Interest Person (NIP) SBP beneficiary died on 8 Nov 03. According to the marriage certificate issued by the State of Tennessee, County of Sevier, the applicant and his current spouse were married on 10 Jun 10. AIR FORCE EVALUATION: DFAS-CL states that In Accordance With (IAW) 10 U.S.C. § 1448(5)(B), in order to provide SBP coverage for his spouse, the applicant had to notify the Defense Finance and Accounting Service (DFAS) within one-year of the first anniversary of his marriage. The applicant was a reservist who was eligible to enroll in the Reserve Component Survivor Benefit Plan (RCSBP) on 17 Jan 97. At the time, he elected NIP coverage. The NIP beneficiary died on 8 Nov 03. The applicant retired effective 17 Jul 08 (60th birthday). On 14 Mar 08, he signed a DD Form 2656, Data for Retired Personnel, on which he indicated he did not want to participate in RCSBP. However, because he had previously enrolled, his election status became “no beneficiary.” The applicant married on 10 Jun 10 and he had one year from the date of their marriage to add his spouse as a SBP beneficiary. DFAS has no correspondence from the applicant during this period indicating he had married and wished to cover his current spouse. On 21 Feb 14, DFAS received DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, from the applicant requesting to change from no coverage to spouse only full coverage. A letter was sent to the applicant informing him that he is unable to add his spouse to the SBP as he would have had to notify DFAS prior to his first year anniversary in order for her to have been eligible. The letter explained that if Congress should approve an open season enrollment period in the future, he would be allowed to add his spouse at that time. A complete copy of the DFAS-CL 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 10 Feb 15 for review and comment within 30 days (Exhibit C). 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 note the applicant did not request SBP coverage for his spouse within one year of his marriage as required by 10 U.S.C. § 1448(5)(B). Regardless of such a state of the law it does not prevent us from providing meaningful relief based on the preponderance of evidence showing an error or injustice. However, after thoroughly reviewing the evidence of record, and noting the applicant’s contentions, we find no evidence of an error or injustice. Therefore, the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. 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-2014-03355 in Executive Session on 12 Jun 15 under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Jul 14, w/atchs. Exhibit B. Memorandum, DFAS-JFBE/CL, dated 23 Dec 14. Exhibit C. Letter, SAF/MRBR, dated 10 Feb 15.