RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03883
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His spouse be added as a beneficiary of his Reserve Component Survivor
Benefit Plan (RCSBP) annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He retired on 1 March 1985, was married on 26 March 2002, and became
eligible to receive Reserve retired pay on 24 October 2003. On 1
January 2004, he realized his spouse was not listed as a beneficiary
of his RCSBP annuity. He contends he submitted a new form requesting
his spouse be added as a beneficiary. He submitted the form again on
29 July 2004 and was informed he would have to pay retroactive
premiums from 24 October 2003 to present. He didn’t hear from the
Defense Finance Accounting Service (DFAS) and resubmitted the form on
2 November 2004. He states he received an undated response that
denied his request to add his wife as a beneficiary.
In support of his appeal, the applicant has provided copies of his
retirement order, a DFAS Designation of Beneficiary form, a personal
statement requesting his spouse be added as a beneficiary, his
marriage certificate, the undated response from DFAS to his request,
and a copy of his Retiree Account Statement.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant elected child only coverage under the Reserve Component
Survivor Benefit Plan (RCSBP) effective 1 February 1983. He retired
on 1 March 1985 and was married on 26 March 2002. On 24 October 2003,
he became eligible for Reserve retired pay and realized his spouse was
not listed as a beneficiary of his RCSBP. He submitted a request to
DFAS on 17 February 2004, to establish his spouse as a beneficiary,
but his request was denied.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP notes under the provision of Title
10, United States Code (U.S.C.), Section 1448, a person who is not
married upon becoming eligible to participation in RCSBP, and who
later marries, has one year from the date of marriage to establish
coverage for the spouse. DPP states the applicant was provided a
package explaining how he could establish coverage for a future spouse
at the time he became eligible for RCSBP benefits. He did not
establish coverage for his spouse within the one-year allotted to do
so.
DPP’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant contends he was not married when he made his child only
election to RCSBP on 2 December 1983. He married for the second time
on 2 December 1983, divorced, and married the third time on 26 March
2002. During both marriages, he contends he was never told about any
additional paperwork necessary to elect spouse coverage. When his
second wife received her ID card, no one from Personnel told him he
needed to change his beneficiary form. He retired from the District
of Columbia Air National Guard (DCANG) in 1985 and contends he was
totally unaware of the provisions in Title 10, United States Code
(U.S.C.), Section 1448. He contends he cannot remember yesterday,
much less what happened 17 years ago. Any package mentioned by the
Air Force advisory would have been dry rotted by the time he had
married the third time. He feels there should be provisions for this
type of oversight and believes he cannot be the only person who has
requested an exception.
_________________________________________________________________
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 its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. We are aware however of an SBP Open Season
occurring in October 2005 whereupon the applicant may make the desired
changes to his election. Therefore, in the absence of evidence to the
contrary, we find no compelling 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 issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 Docket Number BC-
2004-03883 in Executive Session on 7 July 2005, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Kathy L. Boockholdt, Member
Ms. Marcia Jean Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Dec 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 14 Jan 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 05.
Exhibit E. Letter, Applicant, dated 31 Jan 05.
MICHAEL J. NOVEL
Panel Chair
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