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AF | BCMR | CY2003 | BC-2003-00858
Original file (BC-2003-00858.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00858
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His election under the Reserve Component Survivor Benefit Plan (RCSBP)
be terminated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he completed the form he had been divorced since 1984.  He
remarried in January 1990 and divorced his second wife  in  1994.   No
SBP forms were completed.  He now has full custody of  his  two  sons.
He would appreciate any consideration given to his request.

Applicant does not provide any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 December 1989, the applicant made a former spouse election  under
the RCSBP for his first wife, whom he had  divorced  on       4  April
1985.  This election was not court ordered; it was  made  voluntarily.
In 1990, the applicant  remarried;  however,  the  applicant  did  not
request any changes to  the  RCSBP  coverage  within  a  year  of  the
marriage, as required by law.  This second marriage ended  in  divorce
in 1994.  In January 2003, the applicant applied for  Reserve  retired
pay effective on his 60th birthday, 24 January 2003.  Since  he  still
had a  valid  RCSBP  election  for  former  spouse,  the  Air  Reserve
Personnel Center Retirement Branch input the  data  into  the  Defense
Finance and  Accounting  Service  -  Cleveland  Center  (DFAS-CL)  pay
system.  The RCSBP cost is being withheld from the applicant’s retired
pay.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP states that  according  to  Title  10,  United  States  Code,
Section 1448, an election under RCSBP cannot be changed  or  withdrawn
unless there is a change in marital  status,  and  then  only  if  the
request is made within 1 year.  The law does allow the  former  spouse
coverage to be terminated if the former spouse dies.  In addition, the
coverage can be suspended if the former spouse remarries prior to  age
55, since the former spouse is not  eligible  for  the  RCSBP  annuity
while remarried if the remarriage occurred prior to age 55.   However,
the member cannot stop former spouse coverage, nor can he  change  the
election based solely on the former spouse’s remarriage prior to 55.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 May 2003, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days.  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 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
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling 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  this  application  in
Executive Session on 26 June 2003, under the  provisions  of  AFI  36-
2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Mr. Roscoe Hinton, Jr., Member
                       Mr. William H. Anderson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 Mar 03.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DPP, dated 29 Apr 03.
      Exhibit D. Letter, SAF/MRBR, dated 9 May 03.




                             JOSEPH A. ROJ
                             Panel Chair

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