RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-03146
            INDEX CODE:  137.04

  XXXXXXX   COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to  reflect  Spouse  and  Child  (Option  CF)
coverage under the Reserve Component  Survivor  Benefit  Plan  (RCSBP)
based on full retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never received a Transition Assistance  Seminar  or  Pre-Separation
briefing with a career counselor on the RCSBP.  He recently reviewed a
breakdown of his retired pay and noticed that  the  SBP  portion  only
listed his son as the beneficiary.  He also noticed his son’s date  of
birth (DOB) was listed incorrectly.

He retired from  the  Air  Force  Reserve  (USAFR)  in  1999  and  was
remarried in 2002.  At that time, when he took his  new  wife  to  the
local base to enroll her for  all  military  benefits,  he  had  their
marriage certificate and enrolled her as beneficiary to qualify for an
annuity after his death.   He  indicates  a  possible  source  of  the
confusion is because his former spouse and current spouse have similar
names.  His former spouse was Beverly J., and his  current  spouse  is
Beverly I.   Also,  he  experiences  confusion  with  other  insurance
coverage’s as well.

When he reached age 60 retirement status, he received  a  form  giving
him the option to make changes to his beneficiaries.   However,  there
was no need to change the form because his spouse was already  listed;
he thinks that he returned the form with the same information  on  his
current spouse.  He cannot find a copy in  his  personal  files.   His
spouse did not sign indicating she was waiving SBP,  and  he  is  very
disturbed that she is not listed on the forms.

In support of his appeal, the applicant submits a personal  statement;
an SBP Affidavit; an SBP questionnaire, and an attached DD Form  2656,
Data for Payment of Retired Personnel, dated 15 Aug 08.

The applicant's complete submission with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was notified of his eligibility to  participate  in  the
RCSBP in  1991.   He  made  no  election  during  that  time  and  was
automatically enrolled in Option A, “Deferred election until age  60.”
In 1995, the applicant was divorced from his former spouse and  during
an open enrollment in 1999 through 2000,  he  elected  to  participate
with an election of Option CJ, “immediate annuity for child only.”  In
2002, he was married to his current spouse.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP reviewed this  application  and  recommends  denial.   The
applicant was required to make an RCSBP election  within  90  days  of
receipt of notification in accordance with  Title  10,  United  States
Code (USC), Section 1448 (a)(2).  The package that  was  sent  to  the
applicant in 1991 clearly states that any life changing events must be
reported within one year of the event.  In accordance  with  Title  10
USC, 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
marriage, divorce, dissolution, or annulment.

In 2002, he did not notify DPP of his change in marital status  within
one year as required by law.  He would like his current spouse  listed
as the beneficiary under RCSBP.  According to the Defense Finance  and
Accounting Service (DFAS), in 2004, when  the  applicant  applied  for
Retired Pay, he did not make any changes to his election at that time.


The HQ ARPC/DPP’s complete evaluation, with attachments, is at Exhibit
B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He did not enroll in the RCSBP in 1991,  he  was  told  by  Air  Force
personnel officials that he could enroll at a later date, i.e., at age
60 or if divorced and remarried.   His  records  do  not  reflect  the
enrollment of his current spouse when he was remarried on 13  Jul  02.
It appears the disposition of  that  paperwork  is  missing.   He  did
notify officials of the marriage when he took his  spouse  to  get  an
identification card  and at that time she was added to his records  as
his spouse.  He completed all the required  paperwork  at  that  time,
which can be verified through the issuance of her ID  card.   However,
he is not sure where the remaining paperwork has gone.

The applicant’s complete response, with attachment, is at Exhibit D.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

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  HQ  ARPC/DPP
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  in  this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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-
2008-03146 in Executive Session on 28 May 2008, under  the  provisions
of AFI 36-2603:

           Mr. Michael K. Gallogly, Panel Chair
           Ms. Debra M. Czajkowski, Member
           Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Aug 08, w/atchs.
   Exhibit B.  Letter, ARPC/DPP, dated 22 Sep 08, w/atchs.
   Exhibit C.  Letter, AFBCMR, dated 26 Sep 08.
   Exhibit D.  Letter, Applicant, dated 11 Nov 08, w/atch.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair