RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00863
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His records be corrected to add his spouse to his Reserve
Component Survivor Benefit Plan (RCSBP).
2. His daughter be removed as a beneficiary from his RCSBP.
________________________________________________________________
APPLICANT CONTENDS THAT:
Around the time he received his 20-year Retirement Letter at age
60, he was told that he had to make an election for the RCSBP or
he would forfeit his rights. Therefore, he selected his
daughter so he would not lose his right to select the RCSBP if
he were to re-marry. He was told not that he could change his
election at age 60.
In support of his request, the applicant provides a continuation
sheet.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states that on 23 Oct 2000,
the applicant made an election of Option C, Immediate Annuity,
for Children Only. In accordance with Title 10 Subsection
1448 (a) (S) (B) Malmer and time of election - "Such an election
must be written, signed by the person making the election, and
received by the Secretary concerned within one year after the
date on which that person marries or acquires that dependent
child." He married on 21 Apr 2001; however, he failed to submit
a valid election within the first year of his marriage as
dictated by law.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 Mar 2013, 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 C).
_______________________________________________________________
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 to warrant
adding his spouse to his RCSBP. 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 the applicant has not
been the victim of an error or injustice. Regarding his request
to remove his daughter from his RCSBP; according to the Defense
Enrollment Eligibility Reporting System, it appears his daughter
lost eligibility on 20 Jul 2013, due to age. Therefore, his
request is moot. In view of the above and 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 7 Nov 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
Mr , Member
The following documentary evidence was considered in AFBCMR BC-
2013-00863:
Exhibit A. DD Form 149, dated 9 Feb 2013, w/atch.
Exhibit B. Letter, ARPC/DPTT, dated 21 Mar 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 22 Mar 2013.
Panel Chair
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