RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03693 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His records be corrected to show he made a timely election for spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: His first wife had money outside of his income. Therefore, SBP was not necessary until his remarriage in June 2012. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Regular Air Force and retired effective 1 September 1975. 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/DPFFF recommends denial. The Defense Enrollment Eligibility Reporting System (DEERS) shows the applicant and his former spouse were married on 4 July 1954, and he declined SBP coverage prior to his 1 September 1975 retirement. There is no evidence he returned a valid SBP election during the 1981, 1992, 1999 or 2005 open enrollment periods on his former spouse’s behalf. Furthermore, there is no indication in any retired pay system or microfiche reflecting SBP premiums were ever deducted from the applicant's retired pay. His former spouse died on 9 September 2008, and the applicant married his current spouse on 18 June 2012. Since the applicant bypassed at least five opportunities to provide SBP coverage for an eligible spouse, coverage for his current spouse can only be provided if Congress authorized another open enrollment. The open enrollments required members to pay a lump- sum buy-in amount within 24 months after making the election. The amount of the buy-in was based upon the earliest date the member was first eligible to elect coverage. In this case, the applicant's lump-sum buy-in amount would have been approximately $78,000 and the monthly cost would be about $131. If the applicant had submitted a 2005-2006 open enrollment election and survived for two years, his former spouse would have been the SBP beneficiary until her death, and his current spouse would have become the eligible beneficiary upon the anniversary of their marriage. His current spouse would have been entitled to an SBP annuity of approximately $1,110 per month upon the applicant’s death. It is each member's responsibility to ensure required actions are taken to provide current and future family members with military benefits and privileges available to them and pay the costs associated with these programs' protection. SBP is similar to commercial life insurance in that an individual must elect to participate and pay the associated premiums in order to have coverage. Approval of this request would provide the applicant an additional opportunity to elect SBP coverage not afforded other retirees similarly situated and is not justified. A complete copy of the DPFFF evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 23 December 2014, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit D). 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 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 and adopt the rationale expressed 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 this application in Executive Session on 12 June 2015, under the provisions of AFI 36- 2603: , Vice Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03693 was considered: Exhibit A. DD Form 149, dated 8 September 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFFF, dated 26 November 2014, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 23 December 2014.