RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05607
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he made a timely election
for spouse coverage under the Reserve Component Survivor Benefit
Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not married when he made his SBP election in February
2009. He married in August 2009. It was not until September
2012 that he realized he needed to address adding his spouse to
his SBP. He was not aware he needed to request to add her to
his SBP within one-year following their marriage.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 11 February 2009, the applicant elected Option A (Decline to
make an election until age 60) under the RCSBP.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of
an error or an injustice. Under Title 10 USC, Section
1448(a)(5)(B), a service member must submit a signed written
election within one year after the date of marriage. The
applicant married on 24 August 2009 and there is no evidence he
submitted a request within one year following his marriage.
There is no record the applicant contacted ARPC requesting to
add his spouse to his RCSBP.
A complete copy of the ARPC/DPTT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He is currently an active member of the Wyoming Air National
Guard (ANG). In November 2012, he went to ARPC to inquire about
adding his spouse to his RCSBP and was informed that she could
not be added to the RCSBP due to the request not being initiated
within one year following their marriage. When he provided
documents to have his spouse enrolled in Defense Enrollment
Eligibility System (DEERS), he was not advised that he needed to
initiate an election within one year of their marriage. Had he
been aware of the requirement to submit the request to add his
spouse to his RCSBP within one-year of their marriage he would
have done so.
The applicants complete response, with attachments, is at
Exhibit D.
________________________________________________________________
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 injustice. We took
notice of the applicant's complete submission, including his
rebuttal response, 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 not been the victim
of an error or injustice. While the applicant contends that he
was not aware of his obligations regarding RCSBP with respect to
his new spouse, he has not presented any evidence to indicate
that he was somehow miscounseled or not provided a fair
opportunity to make the requisite election within one year of
his marriage as required by the governing statute. We note the
applicant will have the opportunity to make an election under
the Survivor Benefit Program (SBP) when he turns 60 years old
and begins collecting reserve retired pay and should avail
himself of a duly appointed SBP counselor to ensure he
understands his rights and obligations under the SBP.
Therefore, in the absence of evidence the applicant was treated
differently than those similarly situated, 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
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-2012-05607 in Executive Session on 27 Sep 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Nov 12.
Exhibit B. Letter, ARPC/DPTT, dated 31 Jan 13.
Exhibit C. Letter, SAF/MRBR, dated 8 Feb 13.
Exhibit D. Letter, Applicant, dated 16 Feb 13, w/atchs.
Panel Chair
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