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AF | BCMR | CY2013 | BC 2013 05474
Original file (BC 2013 05474.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	 DOCKET NUMBER:  BC-2013-05474
		 	 COUNSEL:  NONE
     	 		 HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that he elected the Reserve 
Component Survivor Benefit Plan (RCSBP) spouse and child 
coverage.

________________________________________________________________

APPLICANT CONTENDS THAT:

Upon getting married on 21 Mar 09, he turned in a copy of the 
marriage certificate to his orderly room for update in the 
Defense Enrollment Eligibility Reporting System (DEERS) and 
finance records.  

On 21 Mar 11, his son was born and he turned in his son’s birth 
certificate for update in DEERS.  

He learned on 4 Oct 12 when his daughter was born that DEERS was 
not updated. He was not aware or told that anything else was 
needed.  

He is still active in the Air Force Reserve and since he is not 
retired, he would not have known about the RCSBP form.

In support of his request, the applicant submits copies of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty; marriage and birth certificates, e-mail communique and 
Line of Duty (LOD) determination.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.  

________________________________________________________________

STATEMENT OF FACTS:

On 21 Mar 09, the parties were married.

The applicant’s dependent children were born on 21 Mar 11 and 
4 Oct 12.

On 4 Apr 14, SAF/MRBR requested the applicant provide an 
affidavit on his marital status within 30 days (Exhibit D).

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.  On 10 Nov 07, the applicant 
submitted his ARPC Form 123, RCSBP Election Certificate, 
electing Option A, Defer to Make Election Until Age 60.  The 
applicant did not notify ARPC of his marital status change or 
the birth of his children within the one-year timeframe 
prescribed by 10 U.S.C. § 1448(a)(5)(B).  He states he updated 
his DEERS and finance records; however, the system of record for 
RCSBP is the Military Personnel Data System (MilPDS).  

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is still on Active Reserves and will retire when he reaches 
High Year Tenure (HYT) in Nov 16.  

Since he had not been married before and was still on Active 
Reserves, he was told there was nothing else needed and DEERS 
was updated. 

He assumed that notifying the orderly room and updating DEERS 
would have taken care of the notification.  He asks the Board 
for consideration in adding his wife and two children to his 
RCSBP.

Being in the Active Reserves, he was not aware anything was 
needed to be done toward retirement.  

In further support of his request, the applicant provides a 
personal statement and a notarized affidavit.

The applicant’s complete response, with attachments, is at 
Exhibit E.   

________________________________________________________________
?

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.  While the 
applicant's response to the Air Force evaluation is noted, he 
has not provided substantial evidence which, in our opinion, 
successfully refutes the assessment of his case by the Air Force 
Office of Primary Responsibility (OPR).  Therefore, we agree 
with the opinion and recommendation of the AF OPR and adopt the 
rationale expressed as the basis for our decision that the 
applicant has failed to sustain his burden of proof of either an 
error or an injustice.  In view of the above and in the absence 
of evidence to the contrary, we find no basis the grant 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-2013-05474 in Executive Session on 9 Oct 14, under the 
provisions of AFI 36-2603:

 , Vice Chair
 , Member
 , Member 

 
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-05474 was considered: 

    Exhibit A.  DD Form 149, dated 29 Dec 13, w/atchs.  
    Exhibit B.  Letter, ARPC/DPTT, dated 13 Feb 14, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Apr 14.     
    Exhibit D.  Letter, SAF/MRBR, dated 4 Apr 14, w/atch. 
    Exhibit E.  Letter, Applicant, dated 16 Apr 14, w/atchs.

 
 

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