RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03576
INDEX CODE: 137.00
COUNSEL: DIANA G. MEREWETHER
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her former husbands records be corrected to show he made an
election for former spouse coverage under the Reserve Component
Survivor Benefit Plan (RCSBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
In accordance with their separation agreement, the former member
was to take all the necessary steps to ensure his former spouse
became eligible for RCSBP. He failed to do so before his death.
In support of her request, the applicant provided a copy of her
separation agreement, divorce decree, marriage certificate, and
a copy of the former members death certificate.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The parties were married in 1964 and divorced on 22 Dec 94. He
elected RCSBP for the applicant. Appropriate RCSBP premiums
were deducted from his retirement pay until his death on 2 Aug
06. Other relevant facts are outlined the ARPC/DPP opinion at
Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPP recommends denial. The former member was notified of
his eligibility to participate in the RCSBP in 1993. DPP states
that their system shows he filled out an ARPC Form 123, Reserve
Component Survivor Benefit Plan Election Certificate, which
reflects his election of Option CA, Immediate Annuity for spouse
based on full retired pay. By law, the RCSBP election is
irrevocable unless there is a change in marital status. If the
member loses his spouse by death or divorce, he has one year to
effect a change in his election.
The former member divorced in 1994. However, the former member
and his former spouse did not notify the appropriate office
about the marital status changes within one year as required by
law. The package that was sent to the former member clearly
states that any life changing events must be reported to
ARPC/DPP within one year of the event. According to Title 10,
U.S.C., Section 1448(3)(A)(iii), any such election must be
written, signed by the person making the election, and received
by the Secretary concerned within one year after the date of the
decree of divorce, dissolution, or annulment.
In 2002, the former member was sent a letter notifying him that
he was eligible to apply for Reserve retired pay to be effective
28 Aug 00, his 60th birthday. When the former member filled out
his application for retired pay he did not change his election
to former spouse. Included with the letter was some general
information on retired pay, the appropriate pay application
forms, and information regarding his RCSBP election. The former
member did not make an election at this time for former spouse
coverage under the RCSBP. DPP states their records indicate
that his retired pay order was published and his case forwarded
to the Defense Finance and Accounting Service (DFAS) prior to
his 60th birthday where his retired pay account was established.
The complete ARPC/DPP evaluation, with attachments, is at
Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 4 Jan 08 for review and comment within 30 days. As
of this date, this office has not received a response.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicants complete submission in judging the merits of
the case. We noted that the former member continued to pay the
RCSBP premiums until his death which supports the belief that it
was his intent to provide his former spouse the RCSBP annuity.
Therefore, we recommend the records be corrected to the extent
indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that he
elected full and immediate coverage for former spouse only
(Option CA) under the Reserve Component Survivor Benefit Plan
effective 22 December 1994.
________________________________________________________________
_
The following members of the Board considered Docket Number BC-
2007-03576 in Executive Session on 14 February 2008, under the
provisions of AFI 36-2603:
Ms. XXXXXXXXXXXXXXX, Panel Chair
Mr. XXXXXXXXXXXXXXX, Member
Ms. XXXXXXXXXXXXXXX, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, w/atchs, dated 26 Oct 07.
Exhibit B. HQ ARPC/DPP Memorandum, w/atchs, dated 10 Dec
07.
Exhibit C. SAF/MRBR Letter, w/atch, dated 4 Jan 08.
XXXXXXXXXXXXXXX
Panel Chair
AFBCMR BC-2007-03576
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force Board for Correction
of Military Records and under the authority of Section 1552, Title 10, United States Code
(70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force relating to XXXXXXX be
corrected to show that he elected full and immediate coverage for former spouse only (Option CA)
under the Reserve Component Survivor Benefit Plan effective 22 December 1994.
XXXXXXXXXXXXX
Director
Air Force Review Boards Agency
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