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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