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
3
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