RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04287
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timey election for
Reserve Component Survivor Benefit Plan (RCSBP) coverage for his
eligible spouse.
________________________________________________________________
APPLICANT CONTENDS THAT:
He made a mistake by not adding his wife to his military
retirement account. He is 100 percent disabled and does not
want his family to suffer for a mistake he made.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 6 February 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 eligibility to participate in the RCSBP on
6 February 2006; however, he did not have eligible dependents at
the time of said notification. He later married on 6 August
2007, but failed to provide the proper notification within one
year of his marriage as required by 10 USC § 1448(a)(5)(B).
While the applicant timely submitted the proper election upon
the birth of his daughter, he did not do so within the
prescribed year of marrying his spouse. Based on the
information provided, relief cannot be granted. In accordance
with 10 USC § 1448, the applicant had one year from the date of
his marriage to add his spouse to his RCSBP election, but failed
to do so.
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 26 November 2012 for review and comment within 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.
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 material error or injustice; the
application was denied without a personal appearance; and the
applicant 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-2012-04287 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 11 Sep 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 13 Nov 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 26 Nov 12.
Panel Chair
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