RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03873
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timely election
for Reserve Component Survivor Benefit Plan (RCSBP) coverage for
his eligible spouse.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not married when he completed his RCSBP election
certificate in 2004. When he married on 27 October 2008, he was
unaware of the requirement to submit an election within a year
of his marriage.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 December 2006, the applicant was relieved from his reserve
assignment and transferred to the Retired Reserve to await
reserve retired pay at age 60.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, indicating the applicant was
notified of his eligibility to participate in the RCSBP on
6 August 2004 because he had completed the required years of
service under the provisions of Title 10, USC § 12731. However,
he was not married at the time of said notification and elected
option A, I decline to make an election until, age 60. He
later married on 27 October 2008, but he and his spouse failed
to provide the proper notification within one year of their
marriage as required by 10 USC § 1448(3)(A)(iii). Based on the
information provided, relief cannot be granted because there is
no record of the applicants change in marital status or RCSBP
election.
A complete copy of the 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 14 December 2012 for review and comment with 30
days. As of this date, no response has been received by this
office (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 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.
While there is no evidence of an error or injustice with respect
to the applicants Reserve Component Survivor Benefit Plan
(RCSBP) election, we note that he will be eligible for Reserve
retired pay at age 60 under the provisions of Title 10, USC §
12731 and will therefore have the opportunity to make an
election for spouse coverage under the Survivor Benefit Plan
(SBP) approximately four months prior to his 60th birthday.
Therefore, we find no basis to recommend granting the relief
sought in this application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2012-03873 in Executive Session on 17 June 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 August 2012, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 3 October 2012,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 14 December 2012.
Panel Chair
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