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AF | BCMR | CY2012 | BC-2012-00109
Original file (BC-2012-00109.pdf) Auto-classification: Denied
 

     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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