DOCKET NUMBER: BC-2012-01538
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 his spouse as an eligible
beneficiary on his Reserve Component Survivor Benefit Plan
(RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he elected RCSBP coverage he was a single parent.
He married the mother of his children two years after he made
his beneficiary election but he did not enroll her in RCSBP at
the time. Adding his wife to the RCSBP will help to manage his
family’s benefits in the event of any drastic changes in his
health or in the event of his death.
The applicant did not provide any documents in support of his
request.
The applicant’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the automated records
management system (ARMS), on 23 April 2012, the applicant was
assigned to the HQ ARPC Retired Reserve section and placed on
the Retired Reserve List awaiting retirement pay at age 60
(22 September 2018).
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states the applicant was
notified of his eligibility to participate in the RCSBP on
7 February 2007 via certified mail. The election package was sent
to the applicant’s address. On 31 July 2007, he filled-out the
ARPC Form 123, RCSBP Certificate, which reflects his election as
option C, “immediate annuity for child only.” At that time, the
applicant’s record reflected that he was divorced and only had
dependent children.
On 24 June 2008, the applicant married his spouse. Neither the
applicant nor his spouse contacted ARPC/DPTT regarding their
marital status 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 the event. The RCSBP information package sent to the applicant
in February 2007 stated any life changing events must be reported
to their office within one year of the event.
The complete ARPC/DPTT evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 22 October 2012 for review and comment within 30
days (Exhibit D). 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.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
corrective action. 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 his spouse
submitted a valid election within the 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-2012-01538 in Executive Session on 19 December 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 22 March 2012.
Exhibit B. Applicant’s Master Personnel Record
Exhibit C. Letter, ARPC/DPTT, dated 23 May 2012, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 22 October 2012.
Panel Chair
, Panel Chair
, Member
, Member
AF | BCMR | CY2012 | BC-2012-00291
Neither the applicant nor his spouse notified HQ ARPC regarding their marriage within one year of the marriage as required by law. ________________________________________________________________ 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 C. Letter, SAF/MRBR, dated...
AF | BCMR | CY2012 | BC-2012-00689
The applicant acknowledged that he was not informed about providing his marriage certificate nor completing the required paperwork to designate his eligible dependents for RCSBP coverage but he believed his spouse and stepdaughter were covered under the RCSBP program at that time. 2 because of his election automatic ARPC was not notified of the birth of his son within one year of the event as required by law. ________________________________________________________________ APPLICANT'S...
AF | BCMR | CY2012 | BC-2012-00395
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). A preponderance of the evidence provided supports that the applicant’s medical condition more likely than...
AF | BCMR | CY2011 | BC-2011-02535
In addition, the Board finds the evidence sufficient to give him the benefit of doubt in this matter as it does not appear reasonable that he would have knowingly elected not to elect this important benefit. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 17 February 2009, he elected spouse coverage under the Survivor Benefit...
AF | BCMR | CY2013 | BC 2012 05467
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05467 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect he made a timely election for RCSBP coverage for his spouse. Although the applicant indicated he was not properly advised in regards to his RCSBP option until after the automatic election was made, the RCSBP...
AF | BCMR | CY2013 | BC 2013 01478
He has no knowledge of receiving any package, 20-year letter with instructions pertaining to RCSBP, or retirement information in the mail or email at that time. §1448, he was automatically enrolled into Option A, "Decline to Make an Election Until Age 60" effective 28 August 2001. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...
AF | BCMR | CY2011 | BC-2011-02769
________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends denial, stating, in part, based on the facts provided, the applicant did not request to change his RCSBP coverage within one year of the divorce as required by law, Title 10, USC, Section 1448. However, they have no record of the applicant contacting them. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of...
AF | BCMR | CY2012 | BC-2012-00671
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. DPTT states neither the applicant nor his spouse notified DPTT regarding the marital status change within one year as required by law. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the...
AF | BCMR | CY2014 | BC 2014 00104
The applicants complete submission, with attachments, is at Exhibit A. On 3 Jan 14, the applicant signed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, establishing his children as the beneficiaries of his RCSBP. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is...
AF | BCMR | CY2013 | BC 2013 02270
The relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. On 1 October 2005 through 30 September 2006, Congress declared this time frame SBP Open Enrollment Season. 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...