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AF | BCMR | CY2012 | BC-2012-01538
Original file (BC-2012-01538.pdf) Auto-classification: Denied
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 

 
 

 

 



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