RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02580
XXXXXXXXXXX(DEC) COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her former husbands records be corrected to show he made an
election for former spouse coverage, with immediate coverage
based on full retired pay under the Reserve Component Survivor
Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She sent in the DD Form 2293, Application for Former Spouse
Payments from Retired Pay, on 8 Sep 09, 21 days before the
divorce was granted because the judge would not grant the divorce
until the annuity was set in place.
She and her husband were under the mindset she would receive half
of her husbands annuity.
In support of her request, the applicant provides copies of an
unsigned DD Form 2293, and their marriage certificate and divorce
decree.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member and the applicant were married on 18 Oct 97,
and divorced on 29 Sep 09.
On 21 Dec 05, the former member was notified of his eligibility
for retired pay at age 60 and his eligibility to participate in
the RCSBP. The election package was sent by certified mail to
the address on file. He made no election during that time and
was automatically enrolled in Option C, Immediate annuity for
spouse effective 26 Jul 06.
The former member died on 7 Jan 11, prior to his 60th birthday.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTTE recommends denial. DPTTE states the member failed to
deem an election for former spouse coverage under the RCSBP and
the divorce decree states that each partys right to the others
annuities were extinguished.
The applicant states she sent a DD Form 2293 for the annuity
within a year of their divorce. However, DPTTE states they have
no record on file reflecting receipt of the DD Form 2293.
The complete DPTTE evaluation, with attachments is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 16 Sep 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (Exhibit C).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
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 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. Therefore, in the
absence of evidence to the contrary, we find no 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 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 Docket Number
BC-2011-02580 in Executive Session on 3 Nov 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-02580 was considered:
Exhibit A. DD Form 149, dated 22 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTEE, dated 29 Aug 11, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11.
Panel Chair
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