RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02817
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His current spouse be added to his Reserve Component Survivor
Benefit Plan (RCSBP) selection instead of Decline to make an
election until age 60.
________________________________________________________________
APPLICANT CONTENDS THAT:
After his divorce from his ex-wife, he elected to make his SBP
decision at the age of 60 due to being unclear about his future.
He remarried in 2010 and was not made aware that he could change
his election at that time.
The applicants complete submission, with attachment is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 13 Jun 13, the applicant was relieved from active duty and
transferred to the Air Force Retired Reserve, effective 1 Jul
13.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, indicating the applicant had one
year from the date of his marriage to add his spouse to his
RCSBP election. He was notified of his eligibility to
participate in the RCSBP via certified mail. On 10 Nov 01, the
applicant made an Immediate Annuity Spouse Only election.
On 10 Mar 08, the applicant divorced his former spouse. The
court did not award former spouse coverage under the RCSBP. On
25 Jun 09, his spousal coverage was terminated and updated to
reflect Decline to make an election until age 60. He married
his current spouse on 26 May 10; however, he failed to notify
ARPC of his marriage or request to update his election within
one year of the marriage as dictated by Title 10, USC,
Subsection 1448(a)(5)(B).
A complete copy of the 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 23 Aug 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 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; 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 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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-02817 in Executive Session on 29 May 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-02817 was considered:
Exhibit A. DD Form 149, dated 6 Jun 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, ARPC/DPTT, dated 9 Jul 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 23 Aug 13.
Panel Chair
3
AF | BCMR | CY2013 | BC 2013 04553
However, the deceased former member was married to someone other than the applicant at the time of his death. On 6 Jun 02, the deceased former member made an RCSBP election for Option C, Immediate Annuity for spouse only coverage. The applicant claimed that the deceased former member assured her several times that he had designated her as a former spouse under RCSBP, but the required action was not accomplished in compliance with law.
AF | BCMR | CY2011 | BC-2011-00793
On 25 Aug 1994, the decedent and the applicant divorced. If the documents were provided within the required timeframe, DPTT would have been unable to update the member's RCSBP election due to the member not electing to participate in the Plan when eligible. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of her request, the applicant provides two letters.
AF | BCMR | CY2013 | BC 2013 03564
In support of his request, the applicant provides a letter from the Defense Finance and Accounting Service (DFAS) dated 26 Jun 13, stating they could not process his SBP request because the DD Form 2656 they received did not indicate a declination of coverage, therefore he was put in Automatic Coverage for SBP. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends approval. Exhibit C. Letter, SAF/MRBR, dated 15 Oct 13.
AF | BCMR | CY2013 | BC-2013-01704
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01704 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he made a timely election for spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). To date, a response has not been received (Exhibit C). We took notice of the applicant's complete...
AF | BCMR | CY2013 | BC 2013 05023
DPTT states they should have given the former service member an opportunity to correct the ARPC Form 123 he submitted at the time he made his election. Title 10 Subsection 1448 (a) (3) (A) and Section IX on the form, A married person who is eligible to provide standard annuity may not without the concurrence of the persons spouse elect not to participate in the Plan. ARPC failed to notify the service member to make corrections and updated his election in error. Exhibit F. Affidavits,...
AF | BCMR | CY2012 | BC-2012-00689
The applicant acknowledged that he was not informed about providing his marriage certificate nor completing the required paperwork to designate his eligible dependents for RCSBP coverage but he believed his spouse and stepdaughter were covered under the RCSBP program at that time. 2 because of his election automatic ARPC was not notified of the birth of his son within one year of the event as required by law. ________________________________________________________________ APPLICANT'S...
AF | BCMR | CY2012 | BC-2012-05054
DPTT states based on the information provided, the applicant did not elect to add his dependent son within the one-year time period as prescribed by U.S.C. The applicant acquired a dependent son on 6 July 2000 and their office was not notified of the birth of his son within one year as required by law. The applicant requested to change his RCSBP coverage within one year of the divorce as required by law Title 10, USC, Section 1448.
AF | BCMR | CY2013 | BC 2012 05091
________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the deceased service member be corrected to show that on 31 Dec 02, he elected spouse only Survivor Benefit Plan (SBP) coverage based on full retired pay. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05091 in Executive Session on...
AF | BCMR | CY2012 | BC-2012-02001
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. Further, although the law currently provides automatic coverage for a spouse if the member fails to provide coverage or the spouse does not agree with the decision, no such provisions existed at the time of the member’s eligibility to enroll in the program. ...
AF | BCMR | CY2013 | BC 2013 02469
In support of her request the applicant provides copies of her DD Form 2656, Data for Payment of Retired Personnel; ARPC Form 83, Application for Retired Pay; DFAS CL 7220/148, Retiree Account Statement; Reserve Order EL-2550 and ARPC/DPTTR memorandum dated 11 Apr 2013. On 7 Jul 2012, she declined coverage under the SBP, and her spouse concurred in her decision. Exhibit C. Letter, SAF/MRBR, dated 5 Jul 2013.