AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00671
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he reached 20 years of service, he was divorced and
therefore elected an RCSBP status of Option A. He remarried on
6 June 2008 and states that he was deployed to Iraq for most of
the first year of his marriage, which likely resulted in him not
receiving the election in a timely manner. He believes the
current RCSBP election is unjust to his spouse. It is imperative
that this be corrected.
In support of the applicant’s appeal, he provides a copy of his
marriage license.
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 1 August 2006 via certified mail. The applicant
filled out an ARPC Form 123, RCSBP Certificate, which reflects
his election of Option A, “Decline To Make an Election Until Age
60” on 20 September 2006.
The applicant married his current spouse on 6 June 2008.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states neither the applicant
nor his spouse notified DPTT regarding the marital status change
within one year 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 information package sent to the applicant stated that any
life changing events must be reported to DPTT within one year of
the event.
The DPTT complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 May 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 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 an error or an 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 the
applicant has failed to sustain his burden of proof of the
existence 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.
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 DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
2
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00671 in Executive Session on 27 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00671 was considered:
Exhibit A. DD Form 149, dated 9 February 2012, w/atch.
Exhibit B. Letter, ARPC/DPTT, dated 23 March 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 May 2012.
3
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