RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03007
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not given enough information to make an informed decision
regarding RCSBP.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
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.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states the applicant was
notified of his eligibility to participate in the RCSBP on
22 June 2000 via certified mail. He made no election and as
prescribed by United States Code Title 10 Section 1448, was
automatically enrolled into Option A, Decline to make an
election until Age 60 effective 20 September 2000.
On 1 October 2005 through 30 September 2006, Congress declared
this timeframe a SBP Open Enrollment Season. Members, who had
previously elected less than full coverage or no coverage for
their spouse/children, were afforded the opportunity to change
their election to cover their families. The applicant did not
elect to participate during open season.
The complete DPTT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he did not receive notice of an open
enrollment season.
The applicants complete response, with attachments, is at
Exhibit D.
_________________________________________________________________
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. We took note of the
applicants contention that he did not receive notice of the open
enrollment due to an incorrect address; however, we would like to
advise the applicant that it is the responsibility of the member
to maintain a current address on file with the Headquarters Air
Reserve Personnel Center. Therefore, in view of the above and in
the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. Hearing Statement:
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03007 in Executive Session on 1 May 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03007 was considered:
Exhibit A. DD Form 149, dated 6 July 2012.
Exhibit B. Letter, ARPC/DPTT, dated 11 September 2012,
w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 September 2012.
Exhibit D. Letter, Applicant, not dated, w/atchs.
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