AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00395
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouse’s record be changed to show he elected spouse
and child coverage under the Reserve Component Survivor Benefit
Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She believes her spouse did report their marriage and changed the
election form because he instructed her to set things up a
certain way.
In support of the applicant’s appeal, she provides a personal
statement, marriage certificate, special and general power of
attorney, medical documentation, death certificate, and other
documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent was notified of his eligibility to participate in
the RCSBP via certified mail. The election package was sent to
the decedent’s address and was signed for on 23 June 2006. The
decedent made no election during that time and was automatically
enrolled in Option C, “Immediate Annuity for Children Only”
effective 23 September 2006.
The decedent and the applicant married on 28 October 2006.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval based on the information provided
and the applicant’s state of mind as a result of his medical
condition.
On 28 October 2006, the former service member married but did not
notify this office regarding the marital status change within one
year as required by law. According to Title 10, U.S.C., 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 member stated that any life changing events
must be reported to this office within one year of the event.
The DPTT complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 27 March 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response 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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. We took notice of the
applicant’s complete submission in judging the merits of the case
and agree with the recommendation of ARPC/DPTT. A preponderance
of the evidence provided supports that the applicant’s medical
condition more likely than not caused him not to report his
marriage to ARPC within one year as required by law. As such, we
believe the evidence is sufficient to find it in the interest of
justice to correct the record. Therefore, we recommend that the
records be corrected as indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
2
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 28 October
2006, he elected full and immediate coverage for spouse and child
under the Reserve Component Survivor Benefit Plan (RCSBP) naming
XXXXXXX as the spouse beneficiary.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00395 in Executive Session on 27 November 2012,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2012-00395 was considered:
Exhibit A. DD Form 149, dated 1 February 2012, w/atchs.
Exhibit B. Letter, AFPC/DPTT, dated 2 March 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 27 March 2012.
3
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