RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04658
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
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APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Reserve Component Survivor Benefit Plan (RCSBP).
________________________________________________________________
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APPLICANT CONTENDS THAT:
The applicant makes no contentions.
In support of the applicants appeal he provides a copy of a
marriage certificate and spouses drivers license.
The applicant's complete submission, with attachments, 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.
________________________________________________________________
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AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states the applicant
contacted this headquarters on 2 October 2012 to add his spouse
onto his RCSBP election. The applicant was married on 15
January 2011. As prescribed by U.S.C. Title 10 Subsection
1448(a)(5)(B). Manner and time of election, such an election
must be written, signed by the person making the election, and
received by the Secretary concerned within one year after the
date which that person marries or acquires that dependent
child. Because the applicant contacted this headquarters
outside of the one year window, he cannot now add his spouse to
his RCSBP.
Although they empathize with the applicant they recommend
denial. As prescribed by U.S.C. Title 10 Subsection
1448(a)(5)(B), the applicant had one year from the date of
marriage to add his spouse to his RCSBP election.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 January 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
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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. Therefore, in the absence
of evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
4. The applicant's 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.
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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.
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The following members of the Board considered AFBCMR Docket
Number BC-2012-04658 in Executive Session on 31 July 2013 and
1 August 2013, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 October 2012, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 3 January 2013.
Exhibit C. Letter, SAF/MRBR, dated 11 January 2013.
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