RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05054
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His record be changed to show he elected child only coverage
under the Reserve Component Survivor Benefit Plan (RCSBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
When his son was born he failed to add him as a dependent. He
is now divorced and unable to leave his survivor benefits to his
son.
In support of the applicants appeal he provides a copy of a
certificate of live birth.
The applicant's complete submission, with attachment, 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.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states based on the
information provided, the applicant did not elect to add his
dependent son within the one-year time period as prescribed by
U.S.C. Title 10 Section 1448(3)(A)(iii).
The applicant was notified of his eligibility to participate in
the RCSBP via certified mail on 22 April 1996. Their records
show that he filled-out his ARPC Form 123, Reserve Component
Survivor Benefit Plan Election Certificate, which reflects his
election of Option C, Immediate Annuity for Spouse Only dated
13 May 1996. During this time, the applicant was married with
no dependent children.
The applicant acquired a dependent son on 6 July 2000 and their
office was not notified of the birth of his son within one year
as required by law. According to Title 10, USC, Section
1448(3)(A)(iii) any such election must be written, signed by the
person making the election, and received by the Secretary
concerned within one year after the date of the event. The
RCSBP information package sent to the applicant stated that any
life changing events must be reported to this office within one
year of the event.
The applicant divorced his spouse on 5 December 2011. The court
did not award former spouse coverage under the RCSBP. The
applicant requested to change his RCSBP coverage within one year
of the divorce as required by law Title 10, USC, Section 1448.
This headquarters terminated the applicants RCSBP spousal
coverage due to his former spouses ineligibility. The
applicants election was updated to reflect Option A, Decline
To Make An Election Until Age 60 dated 5 December 2011.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 December 2012, 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.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
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.
________________________________________________________________
_
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-2012-05054 in Executive Session on 20 August 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 October 2012, w/atch.
Exhibit B. Letter, ARPC/DPTT, dated 18 December 2012,
w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 21 December 2012.
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