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AF | BCMR | CY2012 | BC-2012-00119
Original file (BC-2012-00119.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-00119 
COUNSEL: NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her  records  be  corrected  to  show  she  made  a  valid  Reserve 
Component Survivor Benefit Plan (RCSBP) election adding her spouse 
as a beneficiary. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
In 1993, she received her 20-year letter but did not make an RCSBP 
election at that time because she was not married.   
 
When she applied for her retirement after 37 years of service she 
asked in her electronic retirement application if she could make 
an election then and was told no. 
 
On  30  Dec  06,  she  got  married  and  visited  her  unit  to  have  her 
named changed.  She was not briefed on her RCSBP options at all 
during that time; only on her life insurance beneficiary options. 
 
In early 2008, she was told she needed to complete her RCSBP forms 
which  she  did  and  then  mailed  them  to  the  Air  Reserve  Personnel 
Center  (ARPC).    Soon  after  she  received  an  email  informing  her 
that it was too late for her attempt to make an election as she 
was  supposed  to  have  done  that  within  the  first  year  of  her 
marriage. 
 
In  support  of  her  appeal,  the  applicant  provides  a  personal 
statement and copies of a Congressional Inquiry and the Air Force 
response. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  23  Nov  93,  the  applicant  was  notified  of  her  eligibility  to 
participate in the RCSBP via certified mail.  She made no election 
at  that  time  as  she  was  not  married.    Therefore,  in  accordance 
with Title 10, Chapter 1448, she was automatically enrolled in the 
program  under  Option  A,  “decline  to  make  an  election  until  age 
60.” 

 
With regard to her attempt to add her spouse to her RCSBP, Title 
10,  United  States  Code  (U.S.C.),  Section  1448  (a)(5)(B)  states 
that  “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/DPTT recommends denial as the applicant had the opportunity 
to  make  an  election  during  the  one  year  after  her  date  of 
marriage.    However,  DPTT  notes  she  will  be  afforded  the 
opportunity  to  make  a  valid  election  when  she  reaches  her  60th 
birthday  as  she  was  automatically  enrolled  in  Option  A  when  she 
declined to make an initial election.   
 
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  1  Mar  12  for  review  and  comment  within  30  days 
(Exhibit C).  As of this date, no response has been received by 
this office. 
_________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 
 
2.  The  application  was  not  timely  filed;  however  it  is  in  the 
interest of justice to excuse the failure to timely file. 
 
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 and adopt its 
rationale as the basis for our conclusion that 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. 
 
_________________________________________________________________ 
 
 
 
 

 
 

2

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  Docket  Number    
BC-2012-00119  in  Executive  Session  on  25  Oct  12,  under  the 
provisions of AFI 36-2603: 
 
Panel Chair 
 
 
Member 
 
Member 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 12 Jan 12. 
    Exhibit B.  Letter, AFPC/DPSIAR, dated 13 Feb 12. 
    Exhibit C.  Letter, SAF/MRBR, dated 1 Mar 12. 
 
 
 
 
 

Panel Chair 

  
  
  

 

 

 
 
 

 

  

 

 

 

 

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