RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00171 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His former spouse be entitled to benefits under the Reserve 
Component Survivor Benefit Plan (RCSBP). 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

He completed his paperwork for the RCSBP according to what he 
was told after receiving his 20-year letter; however, in 
Mar 2010, when completing his paperwork to apply for Reserve 
Retired pay at age 60, the Defense Finance and Accounting 
Service (DFAS) told him that his former spouse was not entitled 
to SBP. 

 

In support of his appeal, the applicant provides a copy of his 
former spouse’s letter from DFAS denying SBP entitlement and the 
applicant’s RCSBP paperwork. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The member was notified regarding his eligibility to participate 
in RCSBP via letter 23 May 1995. Records show that he completed 
his ARPC Form 123, RCSBP Election Certificate, and it reflects 
his election of (Option C), immediate annuity for spouse and 
children effective 14 August 1995. By law, the RCSBP election 
is irrevocable. The applicant divorced on 31 January 2005. The 
divorce awarded former spouse coverage under RCSBP. However, 
neither the applicant nor his former spouse deemed an election 
for former spouse coverage under the RCSBP and the applicant's 
RCSBP election changed to children only. According to Title 10, 
United States Code (U.S.C.), 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 divorce, dissolution, or 
annulment. 


 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends denial, stating, in part, the applicant and 
his former spouse failed to deem an election for former spouse 
coverage in accordance with Title 10, U.S.C., Section 1448. If 
the decision is to grant the relief sought, the applicant's 
records should be corrected to show that he elected former 
spouse coverage effective 13 December 2004. 

 

In 2010, the applicant was sent a letter notifying him that he 
was eligible to apply for Reserve retired pay effective 
30 June 2010, his 60th birthday. Included with the letter was 
general information regarding retired pay, the applicable forms, 
and information regarding his RCSBP election option "C for child 
only." When the member filled out his application for retired 
pay, DD Form 2656, he made an election for former spouse. 
Records indicate that his retired pay order was published, and 
his case was forwarded to DFAS prior to his 60th birthday where 
his retired pay account was established. However, this election 
was not valid because it was not made within the one year of the 
divorce as required by law. In a letter dated 7 October 2010, 
the applicant’s former spouse was advised by DFAS that the 
request for former spouse coverage had exceeded the year 
required by law. Since the statutory filing deadline had 
expired, an election of former spouse coverage could not be 
deemed to have been made and former spouse coverage will not be 
implemented. 

 

The complete ARPC/DPTT evaluation, with attachments, is at 
Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 18 Feb 11 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(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. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action. We note the comments of the Air Force 
Reserve office of primary responsibility and their opinion and 
recommendation; nonetheless, while we cannot conclusively 
determine why the applicant did not submit a change for former 
spouse coverage at the appropriate time, what is clear is that 
it was his intent to comply with the law and the court order. 
In addition, we note that this Board has rendered similar 
decisions when there is not a competing spouse in the case and 
retroactive enrollment in the RCSBP would not provide the 
applicant a monetary advantage. Therefore, in view of the above 
and in the absence of evidence to the contrary, we recommend the 
applicant’s record be corrected to the extent indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 
30 January 2006, he elected former spouse coverage, Option C, 
immediate coverage, under the Reserve Component Survivor Benefit 
Plan (RCSBP) based on full retired pay. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00171 in Executive Session on 1 September 2011, 
under the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 12 Jan 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPTT, dated 16 Feb 11, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 18 Feb 11. 

 

 

 

 

 Panel Chair