RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05401
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His records be corrected to reflect he modified his children
only Reserve Component Survivor Benefit Plan (RCSBP) coverage to
spouse and children.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was never counseled nor made aware he had to update his RCSBP
election within a year of his marriage. He never received any
paperwork notifying him of this requirement and he was under the
impression his wife was added to the plan when he updated his
marital status.
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 there is no evidence of
an error or injustice. The applicant was notified of his
eligibility to participate in the RCSBP and made an election for
full coverage for his spouse and children on 1 Feb 88. He was
divorced on 10 Feb 03 and notified ARPC of said divorce within
one year that he wanted to change his election from Spouse and
Children to Children Only. The applicant subsequently re-
married but failed to request coverage for his new spouse within
the one-year period required by Title 10, United States Code
(U.S.C.), Section 1448(a)(5)(B). On 24 Nov 04, the applicant
applied for reserve retired pay, but took no action to modify
his child only coverage to spouse and children coverage when his
coverage converted from RCSPB to SBP when he started collecting
retired pay. While the applicant contends that he was not
properly advised of the one year requirement, to add his new
spouse to his RCSBP, he was sent a RCSBP information packet
informing him that, any life changing events must be reported
within one year of the event. It also instructed the applicant
to contact ARPC should he have any questions or concerns. The
applicant remembered to comply with the requirement when he
requested the change following his divorce back in 2003;
however, there is no record of any attempts made to contact ARPC
regarding his RCSBP for remarriage or retirement.
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 22 Mar 13 for review and comment within 30 days.
As of this date, this office has received no response (Exhibit
D).
________________________________________________________________
_
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-2012-05401 in Executive Session on 29 Aug 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Nov 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 20 Mar 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 22 Mar 13.
Panel Chair
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