RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04287 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he made a timey election for Reserve Component Survivor Benefit Plan (RCSBP) coverage for his eligible spouse. ________________________________________________________________ APPLICANT CONTENDS THAT: He made a mistake by not adding his wife to his military retirement account. He is 100 percent disabled and does not want his family to suffer for a mistake he made. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: On 6 February 2006, the applicant was relieved from his reserve assignment and transferred to the retired reserve to await reserve retired pay at age 60. The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, indicating the applicant was notified of eligibility to participate in the RCSBP on 6 February 2006; however, he did not have eligible dependents at the time of said notification. He later married on 6 August 2007, but failed to provide the proper notification within one year of his marriage as required by 10 USC § 1448(a)(5)(B). While the applicant timely submitted the proper election upon the birth of his daughter, he did not do so within the prescribed year of marrying his spouse. Based on the information provided, relief cannot be granted. In accordance with 10 USC § 1448, the applicant had one year from the date of his marriage to add his spouse to his RCSBP election, but failed to do so. A complete copy of the ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 November 2012 for review and comment within 30 days. As of this date, no response has been received by this office (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 an 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 (OPR) 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the applicant 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-2012-04287 in Executive Session on 7 May 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Sep 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 13 Nov 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12. Panel Chair