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 sons 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 applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 21 Mar 09, the parties were married.
The applicants 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 applicants 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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