RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02270
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Reserve Component Survivor Benefit Plan (RCSBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was married on 27 September 2001. He was unaware that he
only had one year after marriage to change his RCSBP.
In support of the applicants appeal he provides a copy of his
marriage certificate.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 9 December 1996, the applicant was notified regarding his
eligibility to participate in the RCSBP via certified mail. He
did not respond within the 90-day period dictated by law and was
automatically covered under Option A, Declined to make election
until age 60. Records indicate the applicant was single with
no eligible dependents at that time.
The applicant was married on 27 September 2001.
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force at
Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states neither the applicant
nor his spouse notified ARPC of the change of marital status
within the required timeframe (one year after the date of
marriage).
The applicant was afforded one opportunity to upgrade his
election. On 1 October 2005 through 30 September 2006, Congress
declared this time frame SBP Open Enrollment Season. Members
who had previously elected less than full coverage or no
coverage for their spouse/children, were afforded the
opportunity to change their election to cover their families.
DPTT system shows the RCSBP package was mailed to the
applicants address on 23 January 2006. The applicant did not
elect to participate in the designated open season.
The applicant stated he was not properly advised about his RCSBP
option until he was eligible to apply for retirement. The RCSBP
information packet that was originally sent to the applicant
stated that any life changing events must be reported to this
office within one year of the event. This packet also
instructed the applicant to contact this headquarters in the
event of questions or concerns. They have no record of the
applicant contacting ARPC regarding this matter.
The complete DPTT evaluation is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 June 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
_
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 an injustice. 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 the
applicant has failed to sustain his burden of proof of the
existence 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-2013-02270 in Executive Session on 5 February 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 April 2013, w/atchs.
Exhibit B. Letter, AFPC/DPTT, dated 12 June 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 21 June 2013.
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