RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-02077
		COUNSEL: NONE
		HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

He be allowed to add his youngest son to his Reserve Component 
Survivor Benefit Plan (RCSBP).


APPLICANT CONTENDS THAT:

On 27 February 2001 he submitted ARPC Form 123, Reserve 
Component Survivor Benefit Plan Election Certificate, which 
identified his spouse and three children for survivor benefits.  
On 9 July 2001, his fourth child was born and while he added him 
to the Defense Enrollment Eligibility Reporting System; he 
inadvertently failed to add him to his RCSBP.

In support of his request, the applicant provides copies of ARPC 
Form 123 and his son’s birth certificate.

His complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

Reserve Order EL-1165 dated 22 December 2014, placed the 
applicant on the Air Force Retired List in the grade of 
Brigadier General (O-7) effective 15 January 2015.


AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  Title 10 United States Code, 
Subsection 1448 (a)(5)(B) states, “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 the 
dependent child.”  ARPC has no record that the applicant 
notified them of his dependent change within the required 
timeframe.  Therefore, he is not eligible to add his youngest 
son to his RCSBP.

The complete DPTT evaluation, with attachment, is at Exhibit C.




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 August 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  To date, a response has not been received (Exhibit D).


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 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 and adopt the 
rationale expressed 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 that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 BC-2014-
02077 in Executive Session on 16 March 2015, under the 
provisions of AFI 36-2603:

  , Vice Chair
  , Member
  , Member


The following documentary evidence pertaining to AFBCMR BC-2014-
02077 was considered:

  Exhibit A.  DD Form 149, dated 19 April 2014, w/atchs.
  Exhibit B.  Applicant’s Master Personnel Records.
  Exhibit C.  Letter, ARPC/DPTT, dated 23 June 2014, w/atch.
  Exhibit D.  Letter, SAF/MRBR, dated 1 August 2014.