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Decision Text

AF | BCMR | CY2012 | BC 2012 05733
Original file (BC 2012 05733.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2012-05733
		  COUNSEL:  NONE
			HEARING DESIRED:  NO
	
________________________________________________________________
_

APPLICANT REQUESTS THAT:

His records be corrected to reflect he added spouse coverage to 
his Reserve Component Survivor Benefit Plan (RCSBP).

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He did not realize that he had not updated his RCSBP when he 
remarried on 21 Jul 05.

The applicant's complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The relevant facts pertaining to this application are described 
in the letter prepared by the Air Force office of primary 
responsibility which is included at Exhibit C.  

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPTT recommends denial, indicating the applicant had one 
year from the date of his marriage to make an election.  
Additionally, the applicant also had one opportunity during a 
subsequent Open Enrollment Season but did not elect to 
participate.  

The applicant was married on 21 Jul 05 and according to 10 USC 
Section 1448(a)(5)(B), 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 the person 
marries or acquires a dependent child.  There is no record the 
applicant requested to add his spouse to his RCSBP.


From 1 Oct 05 through 30 Sep 06, Congress declared an Open 
Enrollment Season.  Members, who had previously elected less 
than full coverage or no coverage for their spouse and/or 
children were given an opportunity to upgrade their election 
during this time period.  There are no records indicating the 
applicant elected to add his spouse during the Open Enrollment 
Season.

A complete copy of the AFPC/DPTT evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 21 Jan 13 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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an 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 
(OPR) 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 the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2012-05733 in Executive Session on 30 Sep 13, under 
the provisions of AFI 36-2603:

	           , Panel Chair
	           , Member
	           , Member

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 5 Dec 12, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, ARPC/DPTT, dated 11 Jan 13, w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 13.




			
			Panel Chair

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