RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01573
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reserve Component Survivor Benefit Plan (RCSBP) election reflect his former spouse as the sole beneficiary.
_______________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his divorce in 2005, he submitted his divorce decree to keep his Air Force records current. He was informed that he had signed the correct forms and was unaware an additional step was required to ensure his ex-wife remained the beneficiary to his RCSBP. She is now seeking a judgment for lien on his estate to assure payment in the event of his death and this has placed an extreme hardship on him with respect to legal expenses, potential future costs and estate hurdles. He urges the Board to correct his records to allow RCSBP to be awarded to his ex-wife. They are rightfully hers and he does not wish to burden his current wife with the expense of these proceedings.
In support of his request, the applicant provides a personal statement and a copy of court documents.
The applicants complete submission, with attachments, is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit B.
_______________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states that the applicant and his former spouse were divorced on 28 Sep 2005. On 22 Jun 2007, the former spouse mailed pertinent documents to the Defense Finance and Accounting Service (DFAS). DFAS advised her that if the divorce decree specified that she was to be designated as a former spouse beneficiary for SBP, a deemed election for SBP coverage must be made within one year of the date of divorce as required by United States Code (USC), Title 10, Subsection 1448(a)(5)(B), which restricts when an election can be made and states that the election must be made within one year after the date of divorce, dissolution, or annulment. The former spouse did not mail in the deemed election until 26 Nov 2012. DPTT does not show that the applicant or his former spouse attempted to deem a former spouse RCSBP election within the one year dictated by law. On 18 Dec 2012, DPTTE faxed the applicant a letter explaining how and when a deemed election must be submitted and advised that if she believed there was an error or injustice that she could apply to the Board for a correction of her former spouses records.
The complete DPTT evaluation, with attachments, is at Exhibit B.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 Jun 2013, a copy of the Air Force evaluation was forwarded to the counsel on record as requested by the applicant (Exhibit C). As of this date, no response has been received by this office.
_______________________________________________________________
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 an error or injustice. We took notice of the applicants 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 that the applicant has not been the victim of an error or injustice. Therefore, in the absence of persuasive 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 Docket Number BC-2013-01573 in Executive Session on 11 Dec 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Jan 2013, w/atchs.
Exhibit B. Letter, AFPC/DPTT, dated 20 Jun 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 28 Jun 2013.
PANEL CHAIR Panel Chair
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