RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05255
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show that he made a timely election
for spouse only coverage under the Reserve Component Survivor
Benefit Plan (RCSBP).
_______________________________________________________________
APPLICANT CONTENDS THAT:
He never received the paperwork because it was sent to the
wrong address.
The applicant provides no documents in support of his request.
His complete submission is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_______________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states that the applicant
was notified of his eligibility to participate in the RCSBP via
certified mail on 2 Mar 2000. The election package was sent to
the members address; however, he made no election. Therefore,
as prescribed by Title 10, U.S.C., §1448, he was automatically
enrolled into Option A, Decline to make an election until age
60, effective 31 May 2000.
On 9 Sep 2000, the applicant married; however, he did not
request to update his RCSBP election within one year of his
marriage. As required by Title 10, U.S.C., §1448 (a)(5)(B).
"Manner and time of election, such an election must be written,
signed by the person making the election, and received by the
Secretary concerned within one year after the date which that
person marries or acquires that dependent child." DPTT has no
record the applicant contacted their office in order to add his
spouse to his RCSBP. Moreover, he was afforded one opportunity
to upgrade his election after the original election. On 1 Oct
2005 through 30 Sep 2006 congress declared this timeframe a SBP
Open Enrollment Season. Members, who previously elected less
than full coverage or no coverage for their spouse/children,
were afforded the opportunity to change their election to cover
their families.
The complete DPTT evaluation, with attachments, is at Exhibit
B.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Dec 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit C).
_______________________________________________________________
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. 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 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 this application
in Executive Session on 31 Jul 2013, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-05255:
Exhibit A. DD Form 149, dated 4 Nov 2012.
Exhibit B. Letter, ARPC/DPTT, undated, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 21Dec 2012, w/atch.
Panel Chair
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