RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01478
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show that:
1. He included his wife as the beneficiary on his Reserve
Component Survivor Benefit Plan (RCSBP).
2. He selected option C, immediate coverage.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. As a member of the Air Force Reserve, he hit his 20-year
mark on 10 February 2001. He was single at that time and heavy
into training and deploying with his Security Forces Squadron.
He has no knowledge of receiving any package, 20-year letter
with instructions pertaining to RCSBP, or retirement information
in the mail or email at that time. After 11 September 2001, he
worked man-days at the base for the heightened security until he
was activated under Title 10 orders on 9 November 2001. In
August 2002, he deployed to Kuwait until December 2002. Upon
his return, he married his fiancée on 14 December 2002. He
continued to work the heightened security at the base until his
orders ended in June 2003. He was not aware that his marriage
changed his RCSBP retirement benefits. He was not advised of
the change by the base customer service office when his wife was
enrolled in the Defense Enrollment Eligibility Reporting System
(DEERS)and added to his Service member Group Life Insurance
(SGLI). Upon his retirement on 13 August 2012, he was informed
that he had one year from the date of marriage to declare his
wife to the Air Reserve Personnel Center (ARPC) and make a
change to his RCSBP beneficiary election.
2. He requests a change in his RCSBP election to include his
spouse and option C, immediate coverage, in the event of his
death. He does not believe it is fair to have missed the chance
to make a change to his RCSBP election from no dependents at the
20-year point to spouse coverage, option C, when he did not
receive any information identifying the requirement to notify
ARPC for life altering events.
In support of his request, the applicant provides copies of his
marriage license, notification of retirement eligibility letter,
retirement order, and his 2001 thru 2003 DD From 214,
Certificate of Release or Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to documents extracted from the automated records
management system (ARMS), the applicant enlisted in the Air
Force Reserve on 10 February 1981. On 13 August 2012, he was
released from his, then, current assignment and assigned to the
HQ ARPC Retired Reserve section and placed on the Retired
Reserve List awaiting retirement at age 60 (3 August 2019).
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTTR recommends denial. DPTTR states the applicant was
notified of his eligibility to participate in the RCSBP on
21 May 2001, via certified mail. The election package was sent to
the applicant's address and was signed for, by someone other than
the applicant, on 30 May 2001. He did not make an election and as
prescribed by Title 10 U.S.C. §1448, he was automatically enrolled
into Option A, "Decline to Make an Election Until Age 60"
effective 28 August 2001. The applicants record reflected he had
no dependents at that time.
The applicant was married on 14 December 2002. In accordance with
(I(AW) Title 10 U.S.C. §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 on which that person
marries or acquires that dependent child. The applicant did not
notify them of his marriage within the one-year timeframe as
dictated by law.
The complete ARPC/DPTTR evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 19 April 2013 for review and comment within 30 days
(Exhibit C). To date, a response has not been received.
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 error or injustice warranting
corrective action in regard to the applicants election of
Reserve Component Survivor Benefit Plan, spouse coverage. 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 that
neither the applicant nor the spouse submitted a valid election
within the one-year period required by law to establish spouse
coverage. 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application
in Executive Session on 23 December 2013, under the provisions
of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2013-01478:
Exhibit A. DD Form 149 dated 19 March 2013, w/atchs.
Exhibit C. Letter, ARPC/DPTT, dated 17 April 2013, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 19 April 2013.
Panel Chair
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