RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00842 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her records be corrected to reflect she made a timely election for spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: At the time she separated from the Air Force in 2005, she was single. She was told during her pre-separation briefing that if she married in the future she would have to wait one full year to become eligible to submit an application for SBP. She married in 2013 and is now being told that she should have submitted an election for SBP within one year of being married. The applicant’s complete submission 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 C. AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. Absent a valid election within the first anniversary of the marriage, SBP coverage for her spouse can only be provided through a Congress authorized open enrollment. The applicant was not married at the time of her 1 Nov 05 retirement. She claims she married in in Jun 13, but has failed to enroll her spouse in the Defense Enrollment Eligibility Reporting System (DEERS). There is no evidence the applicant submitted a valid election for spouse SBP coverage to the Defense Finance and Accounting Service-Cleveland Center (DFAS-CL). The applicant has not responded to a request to provide a copy of her marriage certificate. Furthermore, several attempts were made to contact the applicant; however, the contact numbers on her DD Form 149, Application for Correction of Military Record, and in DEERS were not valid. Title 10 USC, Section 1448, allows a service member, who is unmarried at retirement, to elect coverage for the first spouse acquired after retiring; however, the election must be made before the first anniversary of the marriage. If the service member fails to submit an election within the required time frame, SBP coverage can only provide for a spouse if Congress authorizes an open enrollment period. They could not confirm if the applicant was or was not counseled on the options and effects of the SBP prior to her retiring. The Afterburner, News for USAF Retired Personnel, routinely contained articles to advise retirees of their SBP options when marrying after retirement. The Afterburner was either forwarded to the correspondence address the applicant provided the finance center or can be obtained from the Air Force Retiree website. The website provides detailed information about the SBP. Furthermore, SBP is similar to commercial life insurance in that an individual must elect to participate during the opportunities provided by law and pay the associated premiums in order to have coverage. Had the applicant submitted an election within the first year of marriage, premiums would have been deducted from her pay. A complete copy of the AFPC/DPFFF evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In support of her request, the applicant states she made every good faith effort to enroll her current spouse in DEERS in May 2014, when she presented for an updated ID card. She presented all required information to the DEERS operator, including a copy of her marriage certificate. At that time she was either not asked all the right questions, or the individual input incorrect information. She was never informed she needed to submit an SBP election within the first year of marriage. After researching SBP in Jan 15, she believed she had time to submit an election prior the first anniversary of her marriage. The applicant’s complete response, with attachments, 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 an injustice. We took notice of the applicant’s complete submission, to include the rebuttal response, in judging the merits of the case. While the applicant contends that she was miscounseled regarding her options for SBP with respect to adding a new spouse, she has not presented any evidence to indicate that she was somehow miscounseled or not provided a fair opportunity to make the requisite election within one year of her marriage as required by the governing statute. Furthermore, the applicant may in the future elect SBP for her spouse during an authorized open enrollment by Congress. Thus, 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. 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-2015-00842 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-2015-00842 was considered: Exhibit A. DD Form 149, dated 11 Feb 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPFFF, dated 1 May 15. Exhibit D. Letter, SAF/MRBR, dated 11 Jun 15. Exhibit E. Letter, Applicant, dated 24 Jul 15, w/atchs.