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 applicants 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 applicants
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 applicants 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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