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AF | BCMR | CY2012 | BC-2012-00114
Original file (BC-2012-00114.pdf) Auto-classification: Denied
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. 

 

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_________________________________________________________________ 
 
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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