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AF | BCMR | CY2012 | BC-2012-03156
Original file (BC-2012-03156.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2012-03156

MEMBER:  (DECEASED)	COUNSEL:  NONE 
APPLICANT:  
			HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her late ex-husband’s record be corrected to show that he 
elected former spouse coverage under the Reserve Component 
Survivor Benefit Plan (RCSBP), naming her as beneficiary.  

________________________________________________________________

APPLICANT CONTENDS THAT:

She did not know she could request an RCSBP election.  She never 
signed-off on pension benefits during their divorce.  

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

________________________________________________________________

STATEMENT OF FACTS:

According to copies of documents extracted from the Automated 
Records Management System (ARMS), the decedent was a member of 
the Connecticut Air National Guard and retired effective 
16 May 2002 in the grade of Master Sergeant.  

According to documents submitted by the applicant, the decedent 
died on 20 December 2010.  

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force at Exhibit C.  

______________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  DPTT states that based on the 
facts provided, the decedent did not elect to participate in 
RCSBP as prescribed by law Title 10, U.S.C., § l448.  

1.  The decedent was notified of his eligibility to participate 
in the RCSBP on 19 May 1992 via certified mail.  He made no 
election and as prescribed by Title 10 U.S.C., §1448, he was 
automatically enrolled into Option A, “Decline To Make An 
Election Until Age 60“ effective 16 August 1992. 

2.  The decedent and the applicant divorced on 06 June 1995.  A 
final divorce decree was issued along with a Separation 
Agreement dated 08 June 1995.  The divorce decree failed to 
address former spouse coverage under the RCSBP.  In addition, 
the Separation Agreement did not award former spouse coverage 
and was not filed within the one year required by law.  

3.  The decedent was afforded one opportunity to upgrade his 
election after the original election was updated.  Congress 
declared an SBP Open Enrollment Season from 1 March 1999 through 
29 February 2000.  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 decedent did not elect to participate during this 
Open Season.  

The complete ARPC/DPTT evaluation is at Exhibit C.  

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 September 2012 for review and comment within 
30 days (Exhibit D).  To date, a response has not been received.  

________________________________________________________________

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.  We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we noted that the decedent was afforded an 
opportunity to change his election during the SBP Open 
Enrollment Season from 1 March 1999 through 29 February 2000, 
but elected not to participate.  In view of the above, 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 the applicant has not been the victim 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 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 
in Executive Session on 7 May 2013, under the provisions of AFI 
36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence was considered AFBCMR Docket 
Number BC-2012-03156:

    Exhibit A.  DD Form 149 dated 18 July 2012, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, ARPC/DPTT, dated 6 September 2012, 
w/atchs.  
    Exhibit D.  Letter, SAF/MRBR, dated 24 September 2012. 




                                   
                                   Panel Chair



AFBCMR
1500 West Perimeter Road, Suite 3700
Joint Base Andrews NAF Washington, MD 20762




Dear:

	Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 
10 USC), AFBCMR Docket Number BC-2012-03156. 

	After careful consideration of your application and your late ex-husband’s military records, 
the Board determined that the evidence you presented did not demonstrate the existence of 
material error or injustice.  Accordingly, the Board denied your application.

	You have the right to submit newly discovered relevant evidence for consideration by the 
Board.  In the absence of such additional evidence, a further review of your application is not 
possible.

	BY DIRECTION OF THE PANEL CHAIR




				                                   
				                                   Chief Examiner
				                                   Air Force Board for Correction
				                                   of Military Records

Attachment:
Record of Board Proceedings


3




 

DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
DEPARTMENT OF THE AIR FORCE


Office of the Assistant Secretary



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