RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00212
COUNSEL: NONE
HEARING DESIRED: YES
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APPLICANT REQUESTS THAT:
His records be corrected to reflect his spouse as the eligible beneficiary of his Reserve Component Survivor Benefit Plan (RCSBP).
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APPLICANT CONTENDS THAT:
He was never informed of the requirement to update his RCSBP after his marriage. He notified his servicing Force Support Squadron (FSS) in Mar 07 upon being married. Certified mail was sent to him, but someone else signed for it and he did not receive it. Because he did not respond, a beneficiary selection of child only was automatically made for him based on his information in the Defense Eligibility Enrollment Reporting System (DEERS) at the time.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant served in the Air National Guard and transferred to the Retired Reserve, effective 1 Jun 13.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, indicating there is no evidence of an error or injustice. The applicant did not notify this headquarters of his marriage within one year as required by law. IAW 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 of which that person marries or acquires that dependent child. On 1 Dec 06, the applicant was notified of his eligibility to participate in RCSBP via certified mail. The RCSBP package was mailed to the address the member had updated in his Military Personnel Data System (MilPDS) record. The applicant made no election at the time, and IAW U.S.C. Title 10, Subsection 1448, an election for Option C, Immediate Annuity, for Children Only, was updated on 2 Mar 07.
The complete ARPC/DPTT evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He reiterates that he was not aware of the RCSBP election requirement. His is a traditional guardsmen and the package was sent to his unit address and not his home. He did not receive the package. The signature on the certified mail is unrecognizable, but is not his. He was only notified of the discrepancy when he submitted his retirement paperwork. His FSS verified in writing that they failed to notify him to update his marital status in both DEERS and the RCSBP when he submitted the change of his marital status to them (Exhibit E).
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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 injustice. We took notice of the applicants complete submission in judging the merits of the case, to include his rebuttal response to the advisory opinion; 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 of injustice with regard to his RCSBP election. That said, the applicant should avail himself of a duly appointed SBP counselor so he is fully aware of his rights and obligations regarding survivor benefits as he may have an opportunity to elect to participate in SBP when he becomes 60 years old and begins to collect reserve retired pay. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
4. The applicants 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 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00212 in Executive Session on 7 Nov 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jan 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 11 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 3 May 13.
Exhibit F. Letter, Applicant, dated 1 Jun 13, w/atchs.
Panel Chair
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