RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02535
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He went to the 157th Military Personnel Flight (MPF) to have his
marriage updated in the Defense Eligibility Enrollment Reporting
System (DEERS). He also asked if there was anything else he
needed to take care of SBP was never mentioned.
In support of his request, the applicant submits a copy of his
marriage record.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified of his eligibility to participate in
the RCSBP on 12 December 2003 via letter. The election package
was sent to the applicants address. He made no election during
that time and was automatically enrolled in Option A (Decline to
make an election until age 60).
The applicant married on 17 February 2009.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states unfortunately the
MILPDS and DEERS do not interchange or merge information. In
addition, the RCSBP can only be updated by ARPC and DPTT and they
have no record of contact. The RCSBP package that was sent to
the applicant in 2003 clearly explained that if the member had
any questions, life changing events, or concerns to call this
headquarters. Based on the facts provided, the applicant did not
request to change his RCSBP coverage within one year of his
marriage as required by law Title 10, U.S.C., Section 1448.
The DPTT complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 August 2011, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). As of this date, this office has received no
response.
_________________________________________________________________
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 injustice. Having carefully
reviewed this application, we believe that relief is warranted.
We note the applicant took steps to have his marriage updated in
the DEERS and through no fault of his own, he was not fully aware
of the steps necessary to implement SBP coverage for his spouse.
In addition, the Board finds the evidence sufficient to give him
the benefit of doubt in this matter as it does not appear
reasonable that he would have knowingly elected not to elect this
important benefit. As such, we believe that any doubt in this
matter should be resolved in his favor. Therefore, we recommend
that his records be corrected as 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 17 February
2009, he elected spouse coverage under the Survivor Benefit Plan
(SBP) based on full retired pay, naming XXXX as the spouse
beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02535 in Executive Session on 26 April 2012, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2011-02535 was considered:
Exhibit A. DD Form 149, dated 16 June 2011, w/atch.
Exhibit B. Letter, AFPC/DPTT, dated 8 August 2011, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 19 August 2012.
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