RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04658 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ _ APPLICANT REQUESTS THAT: His record be changed to show he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). ________________________________________________________________ _ APPLICANT CONTENDS THAT: The applicant makes no contentions. In support of the applicant’s appeal he provides a copy of a marriage certificate and spouse’s driver’s license. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states the applicant contacted this headquarters on 2 October 2012 to add his spouse onto his RCSBP election. The applicant was married on 15 January 2011. As prescribed by U.S.C. Title 10 Subsection 1448(a)(5)(B). “Manner and time of election, such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date which that person marries or acquires that dependent child.” Because the applicant contacted this headquarters outside of the one year window, he cannot now add his spouse to his RCSBP. Although they empathize with the applicant they recommend denial. As prescribed by U.S.C. Title 10 Subsection 1448(a)(5)(B), the applicant had one year from the date of marriage to add his spouse to his RCSBP election. The complete DPTT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 January 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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 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 an 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 its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence 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. 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 an 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-2012-04658 in Executive Session on 31 July 2013 and 1 August 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 October 2012, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 3 January 2013. Exhibit C. Letter, SAF/MRBR, dated 11 January 2013.