RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03369
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he added his spouse to his
Reserve Component Survivor Benefit Plan (RCSBP) election instead
of Children Only.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounseled by his servicing Military Personnel Flight
(MPF) following his 1999 marriage to his current wife and was not
aware he had to update his RCSBP election within a year of his
marriage. Further, he filled out the DD Form 2656, Data For
Payment Of Retirement Personnel, and elected the Spouse and
Children option when he out-processed for his 8 May 11
retirement. His election was processed through the Air Reserve
Personnel Center (ARPC) but nothing was mentioned to the
contrary. However, after reviewing his post-retirement pay
stubs, he noticed the error in his RCSBP election. DFAS
researched the issue and verified his election for Spouse and
Children but found an earlier Child Only election from 1994.
At the time, he attained 20 years of service, he was divorced
from his first wife and had one dependent child.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described
in the letter prepared by the Air Force office of primary
responsibility which is included at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, indicating the applicant had one
year from the date of his marriage to add his spouse to his RCSBP
election. He was notified of his eligibility to participate in
the RCSBP and provided the RCSBP Information Package on 12 Aug 94
via certified mail. On 10 Oct 94, the applicant made a Child
Only election. He married his current spouse on 26 Jan 99;
however, he failed to notify ARPC of his marriage or request to
update his election within one year of the marriage as dictated
by Title 10, USC, Subsection 1448(a)(5)(B).
A complete copy of the ARPC/DPTT evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant indicates there appears to be no evidence that he
received and signed for the package sent by ARPC in 1994
outlining the requirement to update marriage records within one
year. Had he been made aware of the requirement to do so, he
would have updated his RCSBP election to add his current spouse
within the required year. While he did go to the MPF in 1994 to
accomplish his RCSBP election, the visit was not because he
received the ARPC notification package, but was likely because he
was scheduled for the visit by MPF personnel or was reminded to
do so by other squadron members.
Nevertheless, he submitted the appropriate information regarding
his marriage to DEERS and he does have records that properly
reflect he did so. Being that DEERS is the primary record
keeping repository for the Air Force and Air National Guard, he
rightfully assumed this information would be updated in all
places.
Lastly, he is unable to provide additional supporting information
as a substantial portion of his military personnel records were
destroyed by house fires. He contacted his former servicing MPF,
but no one had any recollection of his 1994 visit.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion 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 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-2012-03369 in Executive Session on 7 May 2013, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jun 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 6 Sep 12.
Exhibit D. Letter, SAF/MRBR, dated 24 Sep 12.
Exhibit E. Letter, Applicant, dated 27 Oct 12,w/atch.
Panel Chair
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