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AF | BCMR | CY2013 | BC 2013 05201
Original file (BC 2013 05201.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05201
	XXXXXXX 	COUNSEL: NONE
		        HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

His records be corrected to show that he made a timely election 
for spouse coverage under the Reserve Component Survivor Benefit 
Plan (RCSBP).

________________________________________________________________

APPLICANT CONTENDS THAT:

When he separated from the Air Force in 1999, he applied for RCSBP 
coverage for his former spouse.  After his divorce in 2002, he 
sent a copy of his divorce decree to ARPC and assumed that the 
coverage he had for his former spouse would be extended to his 
current spouse.  He did not become aware that additional actions 
were required until he applied for retirement in July 2013.  If 
ARPC had notified him that he was required to reapply for RCSBP 
coverage he would have certainly reapplied.

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

In support of his request, the applicant provides a personal 
statement.

His complete submission, with attachment, is at Exhibit A.


STATEMENT OF FACTS:

The applicant was transferred to the Retired Reserve List 
effective 31 March 1999.  He was eligible for Reserve retired pay 
at age 60 under the provisions of Title 10, United States Code, 
§ 1331.


AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  On 9 August 1999, the applicant made 
an election of Option B, “Deferred Annuity, for Spouse and 
Child(ren) Only.”  On 10 June 2002, he divorced and the court did 
not award former spouse coverage under the RCSBP; therefore, his 
coverage was updated to reflect child(ren) only.  On 28 May 2005, 
he married his current spouse.  However, ARPC was not notified of 
the change of marital status within the required time frame.  The 
RCSBP information package sent to the applicant clearly stated 
that any life changing event must be reported within one year of 
the event. ARPC has no record of the applicant reporting his 
marital change within the required time period. 

The complete DPTT evaluation, with attachments, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 January 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days.  
To date, a response has not been received (Exhibit D).


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 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 the 
rationale expressed 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 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 9 October 2014, under the provisions of AFI 
36-2603:

      , Vice Chair
      , Member
      , Member


The following documentary evidence pertaining to AFBCMR BC-2013-
05201 was considered:

    Exhibit A.  DD Form 149, dated 31 October 2013, w/atch.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPTT, dated 30 December 2013, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 10 January 2014.




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