RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05607

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was not married when he made his SBP election in February 
2009.  He married in August 2009.  It was not until September 
2012 that he realized he needed to address adding his spouse to 
his SBP.  He was not aware he needed to request to add her to 
his SBP within one-year following their marriage.  

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 11 February 2009, the applicant elected Option A (Decline to 
make an election until age 60) under the RCSBP.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit B.

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of 
an error or an injustice.  Under Title 10 USC, Section 
1448(a)(5)(B), a service member must submit a signed written 
election within one year after the date of marriage.  The 
applicant married on 24 August 2009 and there is no evidence he 
submitted a request within one year following his marriage.  
There is no record the applicant contacted ARPC requesting to 
add his spouse to his RCSBP.


A complete copy of the ARPC/DPTT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is currently an active member of the Wyoming Air National 
Guard (ANG).  In November 2012, he went to ARPC to inquire about 
adding his spouse to his RCSBP and was informed that she could 
not be added to the RCSBP due to the request not being initiated 
within one year following their marriage.  When he provided 
documents to have his spouse enrolled in Defense Enrollment 
Eligibility System (DEERS), he was not advised that he needed to 
initiate an election within one year of their marriage.  Had he 
been aware of the requirement to submit the request to add his 
spouse to his RCSBP within one-year of their marriage he would 
have done so.  

The applicant’s complete response, with attachments, is at 
Exhibit D.

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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 injustice.  We took 
notice of the applicant's complete submission, including his 
rebuttal response, 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 not been the victim 
of an error or injustice.  While the applicant contends that he 
was not aware of his obligations regarding RCSBP with respect to 
his new spouse, he has not presented any evidence to indicate 
that he was somehow miscounseled or not provided a fair 
opportunity to make the requisite election within one year of 
his marriage as required by the governing statute.  We note the 
applicant will have the opportunity to make an election under 
the Survivor Benefit Program (SBP) when he turns 60 years old 
and begins collecting reserve retired pay and should avail 
himself of a duly appointed SBP counselor to ensure he 
understands his rights and obligations under the SBP.  
Therefore, in the absence of evidence the applicant was treated 
differently than those similarly situated, we find no basis to 
recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05607 in Executive Session on 27 Sep 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 Nov 12.
     Exhibit B.  Letter, ARPC/DPTT, dated 31 Jan 13.
     Exhibit C.  Letter, SAF/MRBR, dated 8 Feb 13.
     Exhibit D.  Letter, Applicant, dated 16 Feb 13, w/atchs.




                                   
                                   Panel Chair