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AF | BCMR | CY2007 | BC 2007 03576
Original file (BC 2007 03576.txt) Auto-classification: Approved
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 husband’s 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 member’s 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 applicant’s 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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