RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05185
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His spouse and two youngest sons be designated as his Reserve
Component Survivor Benefit Plan (RCSBP) beneficiaries.
On 14 Jan 14, the applicant amended his request to show that he
elected RCSBP spouse coverage.
APPLICANT CONTENDS THAT:
He made his RCSBP election when he entered retired status. The
Aug 98 election identifies his two oldest sons as the
beneficiaries.
He remarried in Sep 99 and made a new election to add his
current spouse but was advised the one year window to add his
spouse had passed.
In Nov 09, he adopted his two youngest sons. He requested to
add his two sons and wife to his RCSBP but was advised that he
could only add his sons.
The applicant provides no rationale as to why his failure to
timely file should be waived in the interest of justice.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 1 Jun 98, he was placed on the Reserve Retired List.
According to his ARPC Form 123, RCSBP Election Certificate,
dated 31 Aug 98, he elected Option C, Immediate Annuity for
Children Only.
Per the ARPC/DPTT memorandum dated 5 Feb 14, the parties were
married on 25 Sep 99.
According to Reserve Order EL-2953 dated 22 Apr 14, the
applicant was retired on 25 Apr 14 (60th birthday). He was
credited with 20 years, 10 months and 26 days of active duty.
Per 10 U.S.C. § 1448(a)(5)(B) an election must be written,
signed by the person making the election, and received within
one year after the date which that person marries or acquires
the dependent child.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial of the applicants request for RCSBP
spouse coverage. The applicant did not notify ARPC of his
marital status change within the time frame prescribed by
10 U.S.C. § 1448(a)(5)(B).
The applicant adopted his youngest sons on 21 Nov 09. His newly
adopted sons are automatically covered under his RCSBP since he
already had Children Only as his RCSBP election.
The complete DPTT evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 Feb 14, a copy of the Air Force evaluation was provided to
the applicant for review and comment within 30 days (Exhibit D).
As of this date, this office has not received a response.
ADDITIONAL AIR FORCE EVALUATION:
ARPC/DPTT recommends denial of the request to add the
applicants spouse to his RCSBP election. The applicant did not
notify ARPC of his marital status change within the time frame
prescribed by 10 U.S.C. § 1448(a)(5)(B).
The complete DPTT evaluation, with attachments, is at Exhibit E
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
On 24 Mar 14, a copy of the Air Force evaluation was provided to
the applicant for review and comment within 30 days (Exhibit F).
As of this date, this office has not received a response.
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. 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 the applicant has
failed to sustain his burden of proof that he has 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
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 AFBCMR Docket
Number BC-2013-05185 in Executive Session on 22 Nov 14, under
the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following pertinent documentary evidence in AFBCMR Docket
Number BC-2013-05185 was considered:
Exhibit A. DD Form 149, dated 25 Oct 13, w/atchs.
Exhibit B. DD Form 149, dated 14 Jan 14.
Exhibit C. Letter, ARPC/DPTT, dated 5 Feb 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 14 Feb 14.
Exhibit E. Letter, ARPC/DPTT, dated 8 Mar 14, w/atchs
Exhibit F. Letter, SAF/MRBR, dated 24 Mar 14.
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