RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00708
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show he elected to participate in the
Reserve Component Survivor Benefit Plan (RCSBP) with an election of
spouse and children.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1990, prior to leaving for Desert Storm, he elected spouse only
coverage under RCSBP, as they had no children. In 1994, he retired
from the Missouri Air National Guard (MOANG) and in 1995 they adopted
their first child. He was unaware he had to change his RCSBP election
to accommodate the child. They have since adopted another child and
if his election is not changed and he and his wife were to pass, their
two little girls would not be able to receive the benefit. He
realizes the mistake is his own but he was unaware he had to contact
anyone about changing his election until he filled out his application
for Reserve retired pay. He served for 25 years and hopes his mistake
will not prevent his two little girls from receiving what he has
earned.
In support of his appeal, the applicant has provided a personal
statement, and copies of his daughters’ birth certificates.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a retired member of the MOANG, began his military
career on 1 March 1968. He served for over 25 years and was
transferred to the Retired Reserve List awaiting retired pay at age
60. He became eligible for Reserve retired pay on 5 April 2005. The
applicant was notified of his RCSBP eligibility to participate in
RCSBP by letter dated 25 June 1990. The Air Reserve Personnel Center
(ARPC) Form 123, RCSBP Election Certificate, reflects he elected
Option C, Immediate annuity for Spouse. In 1995 and 1997 he adopted
his children but neglected to notify ARPC within the one-year time
required by law. The package mailed to the applicant contained
detailed explanations including reporting any life-changing events to
the ARPC Entitlements Branch within one year of their occurrence.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends denial. DPS states any change to the applicant’s
marital or dependent status was to be reported to DPS within the one-
year allotted to do so by law. The applicant failed to notify DPS on
the two occasions he adopted daughters. He states he was unaware that
he had to change his RCSBP election to include his children however he
was notified by letter of the requirement.
DPS’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responds to the Air Force advisory in hopes that common
sense will prevail in this matter. After inspection of all his
military records, he has not been able to locate the packet of
information the advisory states was mailed to him in 1990. While he
cannot deny he received the packet, the packet was not located in his
personal military files. Even if he did receive the letter, it is
possible he did not remember its contents five years later when he
adopted his first daughter. When he retired in December 1994, he was
not focused on military matters but on the reams of paperwork required
to adopt a child from China. He asks that, due to the fact he cannot
recall receiving this information and the fact he cannot locate it,
his RCSBP election be changed to include his wife and children.
_________________________________________________________________
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.
_________________________________________________________________
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-
2005-00708 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 16 Feb 05, w/atchs.
Exhibit B. Letter, ARPC/DPS, dated 24 Mar 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 Apr 05.
Exhibit D. Letter, Applicant, dated 8 Apr 05, w/atchs.
MICHAEL J. NOVEL
Panel Chair
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