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AF | BCMR | CY2010 | BC-2009-03744
Original file (BC-2009-03744.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03744
            INDEX CODE:  137.00
            COUNSEL:  KELLY YOUNG

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he elected spouse only with full  immediate
coverage based on full retired pay  under  the  Reserve  Component  Survivor
Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His election paperwork was submitted but was lost in the system.  The  error
was discovered when his spouse applied for a new identification card.

In support of his request, the applicant  submits  copies  of  his  marriage
certificate and his divorce decree.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was a master sergeant in the Air Force Reserves.  He  and  his
former spouse were divorced on 19 Jan 99.  On 17 Dec 01, he  elected  Option
C, Immediate Annuity for Children Only under the  RCSBP.   He  remarried  in
2003; however, neither he nor his current spouse  notified  the  appropriate
office regarding the marital status change within one year, as  required  by
law.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  DPP states that by law  the  RCSBP  election
is irrevocable.  Although the applicant states the documents  were  lost  in
the system, DPP’s records indicate the  documents  were  received  by  their
Headquarters on 24 Sep 09.

DPP notes the former service member will be eligible for retired pay at  age
60 (currently 47 years of age) and his spouse will be eligible  for  retired
spouse benefits.

The complete DPP evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18  Dec
09, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (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.   Although  the  former   servicemember
attempted to  procure  SBP  coverage  for  his  spouse,  we  note  that  his
submission  was  received  well  after  the  required  date  due   by   law.
Therefore, we agree with opinion and recommendation of the Air Force  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 and deny the relief sought in this case.

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 DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  BC-2009-03744  in
Executive Session on 7 Jul 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Apr 09, w/atchs.
    Exhibit B.  Letter, HQ ARPC/DPP, dated 1 Dec 09, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Dec 09.




                                   Panel Chair

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