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Decision Text

AF | BCMR | CY2013 | BC 2013 02270
Original file (BC 2013 02270.txt) Auto-classification: Denied


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 applicant’s 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 applicant’s 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 
applicant’s 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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