DOCKET NUMBER: BC-2012-00291
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 changed to show that he included his wife of
16 years as the beneficiary on his Reserve Component Survivor
Benefit Plan (RCSBP) in 1996.
________________________________________________________________
APPLICANT CONTENDS THAT:
When he retired in March 1995 he was divorced and elected child
only RCSBP coverage. He remarried in December 1995 and called
the entitlements section in 1996 and elected spouse coverage for
his new wife. He filled out the proper paperwork and sent it in
along with a copy of his marriage license and military
identification card. This is not his fault. He took care of
this when he was supposed to.
He was diagnosed with cardiomyopathy (condition of enlarged
heart) in July 2000 but continued to work until 2009. He called
the Headquarters Air Reserve Personnel Center (ARPC) to inquire
about receiving his retirement pay before age 60 due to
disability and discovered his spouse was not named as the RCSBP
beneficiary. The corrections department mailed the election
forms to him and he filled them out and returned them along with
a personal letter dated 4 January 2010.
In support of his request, the applicant provides copy of his
marriage license and military identification card. Not listed
on the DD Form 149 but included in the application package is
the 4 January 2010 personal letter.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Information submitted by the applicant reflects he retired from
the Air National Guard in March of 1995.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states the applicant was sent a
letter via certified mail on 25 May 1994 that explained the RCSBP
process. The applicant was not married at the time and he made an
election for Option C, “Immediate Annuity for Children Only”
effective 10 September 1994.
On 15 December 1995, the applicant married his current spouse.
Neither the applicant nor his spouse notified HQ ARPC regarding
their marriage within one year of the marriage as required by law.
According to Title 10, USC, Section 1448 (3) (A) (iii), any such
election must be written, signed by the person making the
election, and received by the Secretary concerned within one year
after the date of event. The RCSBP package sent to the applicant
in 1994 stated that any life changing events must be reported to
ARPC within one year of the event.
The applicant states that he notified HQ ARPC of his marital
status change on 18 November 1996. He acknowledged that he
provided his spouse’s information and completed the proper
paperwork for update. They have no record on file of the
applicant contacting HQ ARPC within the designated time after the
marriage.
The complete ARPC/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 27 March 2012 for review and comment within 30 days
(Exhibit C).
The applicant’s spouse notified HQ ARPC that the applicant died
on 22 February 2012 (Exhibit D).
A copy of the Air Force evaluation was forwarded to the
applicant’s spouse on 25 September 2012 for review and comment
within 30 days (Exhibit E). To date, this office has not
received a response.
________________________________________________________________
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.
2
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action in regard to the applicant’s election of
Reserve Component Survivor Benefit Plan, spouse coverage. 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
neither the applicant nor the spouse submitted a valid election
within the one-year period required by law to establish spouse
coverage. Therefore, in the absence of evidence to the contrary,
we find no basis to recommend granting the relief sought in this
application.
________________________________________________________________
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 this application
BC-2012-00291 in Executive Session on 21 September 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 4 January 2012, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 13 March 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 27 March 2012.
Panel Chair
Panel Chair
Member
Member
3
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