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. Applicants 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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The applicant and the decedent divorced on 25 June 2010. 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. The divorce decree did not award former spouse coverage under the RCSBP as dictated by law.
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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,...
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03477 MEMBER: (DECEASED) COUNSEL: NONE APPLICANT: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husbands record be corrected to show that his Reserve Component Survivor Benefit Plan (RCSBP) election was option C immediate annuity for spouse and child(ren), rather that option A, decline to make an...
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________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends denial, stating, in part, based on the facts provided, the applicant did not request to change his RCSBP coverage within one year of the divorce as required by law, Title 10, USC, Section 1448. However, they have no record of the applicant contacting them. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of...
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On 27 May 07, the applicant and service member were married. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPPT recommends denial indicating there is no evidence of an error or an injustice. A complete copy of the ARPC/DPPT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: They...
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APPLICANT CONTENDS THAT: Her deceased husband and she thought they had complied with the marriage reporting requirements of the Reserve Component Survivor Benefit Plan (RCSBP), when their marriage data was entered in the Defense Enrollment Eligibility Reporting System (DEERS) upon being issued new military ID cards on 4 Feb 11, less than two months after being married on 16 Dec 10. ARPC/DPTT has no record of the deceased member or his spouse reporting the marital change within the required...
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STATEMENT OF FACTS: According to an Air Reserve Personnel Center (ARPC) letter, dated 29 Aug 09, the applicant was notified that he had completed the required years of service for entitlement to Reserve retired pay and eligible to participate in the RCSBP. At that time the applicant can choose to decline SBP coverage, however, the applicant will still be responsible for the RCSBP portion of the coverage. The records show that he did not make an election within the required time period...
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