RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05733
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His records be corrected to reflect he added spouse coverage to
his Reserve Component Survivor Benefit Plan (RCSBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He did not realize that he had not updated his RCSBP when he
remarried on 21 Jul 05.
The applicant's complete submission, with attachment, 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:
AFPC/DPTT recommends denial, indicating the applicant had one
year from the date of his marriage to make an election.
Additionally, the applicant also had one opportunity during a
subsequent Open Enrollment Season but did not elect to
participate.
The applicant was married on 21 Jul 05 and according to 10 USC
Section 1448(a)(5)(B), 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 the person
marries or acquires a dependent child. There is no record the
applicant requested to add his spouse to his RCSBP.
From 1 Oct 05 through 30 Sep 06, Congress declared an Open
Enrollment Season. Members, who had previously elected less
than full coverage or no coverage for their spouse and/or
children were given an opportunity to upgrade their election
during this time period. There are no records indicating the
applicant elected to add his spouse during the Open Enrollment
Season.
A complete copy of the AFPC/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 21 Jan 13 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 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-2012-05733 in Executive Session on 30 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 5 Dec 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 11 Jan 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Jan 13.
Panel Chair
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