RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-01732
COUNSEL: NONE
HEARING DESIRED: NO
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:
His spouse was receiving SBP benefits until he received a
statement from the Defense Finance and Accounting Service (DFAS)
stating his child who is 29 years of age is listed as his
survivor.
In support of the applicant’s appeal, he provides a copy of his
retiree account statement.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-RPB-JBJE/CL recommends denial. DFAS states the applicant
elected RCSBP coverage for his child in 1991 as he was not
married at that time. Upon his marriage in December 2009 he
failed to contact the Reserve Personnel Center to update his RCSP
election to include his spouse.
The DFAS complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 August 2012, a copy of the DFAS 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.
_________________________________________________________________
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
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
2
The following members of the Board considered AFBCMR Docket
Number BC-2012-01732 in Executive Session on 19 December 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01732 was considered:
Exhibit A. DD Form 149, dated 3 April 2012.
Exhibit B. Letter, DFAS, dated 19 July 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 August 2012.
3
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