DOCKET NUMBER: BC-2012-00109
RECORD OF PROCEEDINGS
COUNSEL: NONE
HEARING DESIRED: NO
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reserve Component Survivor Benefit Plan (RCSBP) beneficiary
be changed from his son to his wife.
________________________________________________________________
APPLICANT CONTENDS THAT:
He married on 13 February 2010 and did not realize there was a
deadline for requesting his RCSBP beneficiary be changed.
In support of the appeal, the applicant provides a copy of his
marriage certificate.
The applicant’s complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserve. He
retired on 7 June 2008.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. The applicant was notified of his
eligibility to participate in the RCSBP on 20 November 2008. He
made no election and was automatically enrolled in Option C,
Immediate Annuity for Children Only, in accordance with
Title 10.
On 13 February 2010, the member was married and failed to notify
DPTT regarding his change of marital status as required by law.
According to Title 10, United States Code, Section 14883, any
such election must be written, signed by the person making the
election, and received by the Secretary concerned within one
year of the date of the event. The RCSBP package sent to the
applicant clearly stated that life changing events must be
reported within one year of the event.
Based on the facts provided, the applicant did not elect to add
his spouse within the one year time period as prescribed by law.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 8 March 2012, for review and comment within 30 days
(Exhibit C). As of this date, this office has received no
response.
________________________________________________________________
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 the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
applicant failed to make a clear election to participate in the
RCSBP within the one year time period as prescribed by law.
While the applicant’s situation is regrettable, we find no basis
to grant the relief sought in the application. Accordingly, the
applicant’s request is not favorably considered.
___________________________________________________________
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 AFBCMR Docket
Number BC-2012-00109 in Executive Session on 21 September 2012,
under the provisions of AFI 36-2603:
2
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Dec 12, w/atch.
Exhibit B. Letter, ARPC/DPTT, dated 2 Mar 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 8 Mar 12.
Panel Chair
3
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