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AF | BCMR | CY2011 | BC-2011-02769
Original file (BC-2011-02769.txt) Auto-classification: Approved
 

 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02769 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Based on the requirements of the divorce decree and in the 
interest of complying with the law, he is requesting that the 
record be changed to reflect his former spouse is entitled to 
her portion of his military retirement via Option C. 

 

In support of his appeal, the applicant provides a copy of the 
divorce decree. 

 

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 27 Jul 06 by letter. The election package was sent 
to the applicant's address, he made no election during that time 
and, since he had dependents, he was automatically enrolled in 
Option C, "Immediate Annuity for spouse and children" effective 
20 Dec 06. 

 

On 2 Jun 08, the applicant divorced; the court awarded RCSBP 
coverage to the former spouse, however, he nor his former spouse 
requested to change the RCSBP coverage from spouse and children 
to former spouse and children. 

 

________________________________________________________________ 

 

 

 

THE AIR FORCE EVALUATION: 

 


ARPC/DPTT recommends denial, stating, in part, based on the 
facts provided, the applicant did not request to change his 
RCSBP coverage within one year of the divorce as required by 
law, Title 10, USC, Section 1448. 

 

In addition, the applicant states he would like to be in 
compliance with the guidelines that are outlined in the divorce 
decree. The RCSBP package that was sent to the applicant in 
2006 explained that if he had any questions, concerns or 1ife 
changing events to contact ARPC. However, they have no record 
of the applicant contacting them. 

 

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 26 Aug 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 timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice warranting corrective 
action. Although we find no evidence of an error on the part of 
the Air Force, after careful consideration of the applicant’s 
submission, we believe that his former spouse and children 
should be designated as the eligible beneficiaries for his RCSBP 
annuity. In this respect, we believe it is in the interest of 
the Air Force to ensure its members and/or former members comply 
with the governing statutes and law. Therefore, we are 
convinced it was the applicant’s intent to provide survivor 
benefits for his former spouse and children and that this issue 
should be resolved in favor of the applicant. In view of the 
above, we recommend his record 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 


1 June 2009, he elected to change his Reserve Component Survivor 
Benefit Plan (RCSBP) spouse and child coverage to former spouse 
and child coverage, based on the full retired pay, naming his 
former spouse as the beneficiary. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02769 in Executive Session on 10 April 2012, 
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 15 Jul 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPTT, dated 17 Aug 11, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 26 Aug 11. 

 

 

 

 

 Panel Chair 

 

 

 



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