DOCKET NUMBER: BC-2012-00114
COUNSEL: NONE
HEARING DESIRED: NO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he made a valid Reserve Component
Survivor Benefit Plan (RCSBP) election adding his spouse as a
beneficiary.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive a retirement briefing or documentation from his
unit prior to his final separation from the Pennsylvania Air
National Guard (PAANG) and was unaware of the 12 month requirement
for changes to RCSBP. He was under the impression he could make
changes to his RCSBP account at any time until he began collecting
retirement benefits at age 60. In Jun 10, he attempted to add the
current spouse he married in 2008 and he assumed his election was
executed as he was not notified otherwise.
In support of his appeal, the applicant provides a personal
statement and copies his marriage license to his current spouse
and a fax transmittal sheet.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified of his eligibility to participate in
the RCSBP on 23 Jan 95 via certified mail. He made an election
for Option C, “Immediate” annuity based on full retired pay for
Children Only.
With regard to his attempt to add his spouse to his RCSBP, Title
10, United States Code (U.S.C.) § 1448(a)(5)(B) states “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 on which that person marries or acquires that
dependent child.”
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTTE recommends denial indicating there is no evidence of an
error or injustice. They have no record of receiving a facsimile
from the applicant and even if they had, he did not elect to add
his spouse within the one year window as prescribed by Title 10,
U.S.C. § 1448(a)(5)(B).
In view of the fact the applicant is eligible for retired pay at
age 60, his spouse is eligible for an ID card, Base Exchange, and
commissary privileges. Additionally, on the applicant’s 60th
birthday, both he and his spouse will be eligible to apply for
medical and dental benefits through the TRICARE program.
A complete copy of the ARPC/DPTTS evaluation, with attachments, is
at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant essentially reiterates his assertion that he had no
way of knowing that he needed to make an election for spouse
coverage within a year of his marriage. Additionally, he changed
addresses during the matter under review and it is possible that
AFPC sent any such information to his previous address, even
though he submitted a change of address notice to them.
The applicant’s complete response is at Exhibit E.
_________________________________________________________________
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 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. In response to the Air
Force OPR evaluation, the applicant raises the possibility that
his change of address somehow could have caused any notification
related to the requirement to elect spouse coverage within a year
of marriage to be mailed to the wrong address; however, we do not
find this a persuasive argument and note the notification memo he
received in 1995, which formed the basis of his election for child
only coverage under the RCSBP, contained information on the
requirement to elect spouse coverage within a year of marriage.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought in this application.
2
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2012-00114 in Executive Session on 25 Oct 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Jan 10 (sic), w/atchs.
Exhibit B. Letter, ARPC/DPTTE, dated 13 Feb 12.
Exhibit C. Letter, SAF/MRBR, dated 1 Mar 12.
Exhibit D. Letter, Applicant, undated.
Panel Chair
Panel Chair
Member
Member
3
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