RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02352
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to change his Reserve Component Survivor Benefit Plan (RCSBP)
election from Option CA, based on full retired pay to Option CA, based on a
reduced amount for his former spouse.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he completed the ARPC Form 123, Reserve Component Survivor
Benefit Plan Election Certificate, in December 1990, he was married and
elected full coverage. However, in November 1995, he divorced and the
divorce decree states his former wife is not entitled to full benefits. He
was not aware that he had one year to make a change in the level of
coverage. To leave the record as it currently stands would violate his
divorce decree.
In support of his request, the applicant provided a copy of the ARPC Form
123 and a copy of his divorce decree.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
In 1990, applicant was notified of his eligibility to participate in the
RCSBP. He elected Option CA, Immediate Annuity for spouse based on full
retired pay.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states that 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 applicant was divorced in 1995. He did not notify ARPC about the
marital status changes within a year as required by law. The applicant
states, he was not aware that he had a year after his divorce to send a
copy of his decree to ARPC. The package that was sent to the applicant
clearly states that any life changing events must be reported to ARPC
within a year of the event. According to Title 10, U.S.C., Section
1448(3)(A)(iii), any such election must be written one year after the date
of the decree of divorce, dissolution, or annulment.
In reviewing the applicant’s divorce decree, it does not specify any
amount. Paragraph iii, page 10, states that the applicant shall elect
survivor benefits from his Reserve Retirement Plan for his spouse.
ARPC/DPP’s complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 31 August 2007, the evaluation was forwarded to the applicant for review
and comment within 30 days (Exhibit C). As of this date, this office has
received no 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. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. The applicant’s contentions are duly
noted; however, we agree with the opinion and recommendation of the 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. Therefore, in the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or an injustice; the application was denied
without a personal appearance; and 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-2007-
02352 in Executive Session on 14 February 2008, under the provisions of AFI
36-2603:
Ms. Marcia Jane Bachman, Acting Panel Chair
Ms. Janet I. Hassan, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 July 2007, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 21 August 2007, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 31 August 2007.
MARCIA JANE BACHMAN
Acting Panel Chair
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