RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03873 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he made a timely election 
for Reserve Component Survivor Benefit Plan (RCSBP) coverage for 
his eligible spouse. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not married when he completed his RCSBP election 
certificate in 2004. When he married on 27 October 2008, he was 
unaware of the requirement to submit an election within a year 
of his marriage. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 30 December 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 his eligibility to participate in the RCSBP on 
6 August 2004 because he had completed the required years of 
service under the provisions of Title 10, USC § 12731. However, 
he was not married at the time of said notification and elected 
option A, “I decline to make an election until, age 60.” He 
later married on 27 October 2008, but he and his spouse failed 
to provide the proper notification within one year of their 


marriage as required by 10 USC § 1448(3)(A)(iii). Based on the 
information provided, relief cannot be granted because there is 
no record of the applicant’s change in marital status or RCSBP 
election. 

 

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 14 December 2012 for review and comment with 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. 
While there is no evidence of an error or injustice with respect 
to the applicant’s Reserve Component Survivor Benefit Plan 
(RCSBP) election, we note that he will be eligible for Reserve 
retired pay at age 60 under the provisions of Title 10, USC § 
12731 and will therefore have the opportunity to make an 
election for spouse coverage under the Survivor Benefit Plan 
(SBP) approximately four months prior to his 60th birthday. 
Therefore, 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 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-2012-03873 in Executive Session on 17 June 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 17 August 2012, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPTT, dated 3 October 2012, 

 w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 14 December 2012. 

 

 

 

 

 

 Panel Chair