RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00269
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timely election for
spouse coverage under the Reserve Component Survivor Benefit Plan
(RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not married when he retired. He married in July 2006. When he
inquired about electing SBP spouse coverage for wife, he was told he
had to wait one year after which the request would be initiated and he
would be required to pay the monthly premiums. He submitted a request
for SBP coverage after waiting the one year and was told his request
arrived after the one year anniversary of his marriage and therefore
he was ineligible to make an election for spouse coverage under the
SBP.
In support of his request, he provided a personal statement, a letter
from the Air Force Personnel Reserve Center.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified on 10 Jan 74 of his eligibility for retired
pay at age 60. He was collecting retired pay at the time he married
on 14 Jul 06. He submitted a request for spouse coverage which was
received on 26 Oct 07, after the one year anniversary of his marriage.
The Defense Finance Accounting Services (DFAS) informed him his
request arrived after the one year time requirement and therefore his
election for spouse coverage was not valid.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends the requested relief be denied. ARPC/DPP states
the applicant is ineligible to make an election for spouse coverage
under the SBP because his request was received after the one year time
requirement.
ARPC/DPP's complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states after his
marriage in July 2006 he called the Air Force to advise them of the
marriage and inquired about obtaining coverage for his spouse under
the RCSBP. The individual he spoke with seemed very knowledgeable and
informed him that he was eligible to make an election, but he would
have to wait one year and then at that time pay a deposit and start
paying monthly premiums. He did as instructed and waited the one year
only to find out he could not submit an election for SBP coverage
because he had not submitted the election during the first year of
marriage. He believes he should not be denied this request because of
a misunderstanding, or because he was unintentionally misled.
_________________________________________________________________
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 an error or an injustice. After thoroughly reviewing
the documentation submitted with this appeal, we believe the applicant
has established reasonable doubt as to whether he may have been
misinformed of his responsibility to submit an election for SBP within
the one-year time requirement. We note his contention that
immediately after his marriage he contacted the Air Force seeking
information regarding SBP coverage for his spouse. He contends that
he was advised he had to wait one year before making an election.
After waiting the one year he again solicited assistance to elect SBP
coverage and was informed the information he previously received was
incorrect. We believe the applicant has reasonably demonstrated his
intent to provide SBP coverage for his spouse in a timely manner.
Therefore, we believe that any doubt in this matter should be resolved
in favor of the applicant and recommend that his records be corrected
as indicated below.
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 involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 15 July 2006, he
elected spouse-only coverage, Option CA, immediate coverage, under the
Reserve Component Survivor Benefit Plan (RCSBP), based on full retired
pay, naming Marlene Kay Mollett as the eligible spouse beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2008-00269 in Executive Session on 24 Jul 08, under the provisions of
AFI 36-2603:
Ms. B J White-Olson, Panel Chair
Mr. Garry S. Sauner, Member
Ms. Janet I. Hassan, Member
By majority vote, the Board recommended approving the application Mr.
Hassan voted to deny the relief requested but did not desire to submit
a Minority Report. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Mar 08, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 18 Apr 08, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 25 Apr 08.
Exhibit D. Letter, Applicant, dated 9 May 08.
B J WHITE-OLSON
Panel Chair
AFBCMR BC-2008-00269
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code, Air Force Instruction 36-2603, and having assured compliance
with the provisions of the above regulation, the decision of the Air
Force Board for Correction of Military Records is announced, and it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that on 15 July 2006, he
elected spouse-only coverage, Option CA, immediate coverage, under the
Reserve Component Survivor Benefit Plan (RCSBP), based on full retired
pay, naming Marlene Kay Mollett as the eligible spouse beneficiary.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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