RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2013-01662
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her deceased spouses record be changed to show he elected
former spouse coverage under the Reserve Component Survivor
Benefit Plan (RCSBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Domestic issues led to their divorce. There were no behavioral
changes made by her former spouse to reconcile their marriage.
In support of the applicants appeal she provides a copy of the
death certificate, marriage certificate, petition for divorce
and other documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant and the decedent were married on 28 May 1994.
On 21 June 2006, the applicant was notified regarding his
eligibility to participate in the RCSBP via certified mail. He
did not respond within the 90-day period dictated by law and was
automatically covered under Option C, Immediate Annuity for
Spouse and Child. Records indicate the applicant was married
with dependent children during this time.
The applicant and the decedent divorced on 25 June 2010.
The decedent died on 13 November 2012.
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.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states they were not notified
of the marital change until the former service member passed
away on 13 November 2012. The service members spousal coverage
was terminated due to ineligibility and changed to reflect
Option C - Immediate Annuity for Child Only dated 25 June
2010.
The applicant stated she is entitled to RCSBP based on the
ongoing domestic abuse incidents with the former service member.
The Order of Protection and Restraining Order addressed the
applicants protection from abuse. Prescribed by DoD Financial
Management Regulation, Volume 7B, Chapter 59, Section 590403A,
A former spouse or spouse, while receiving payments under this
chapter shall be entitled to receive medical and dental care,
commissary and exchange privileges, and other benefits a spouse
or former spouse of a retired member may be entitled in the
manner as if the member or former spouse were entitled to
receive pay. This entitlement includes the right to SBP, so
long as the spouse or former spouse is an eligible beneficiary
to Title 10 U.S.C. 1448. Per U.S.C., Title 10, Subsection
1448, the applicant is not eligible for coverage under RCSBP.
The divorce decree did not award former spouse coverage under
the RCSBP as dictated by law.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 31 May 2013, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days (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 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 an error or an 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 its rationale as the basis for our conclusion the
applicant has failed to sustain her burden of proof of the
existence 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 the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2013-01662 in Executive Session on 16 January 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 April 2013, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 17 May 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 31 May 2013.
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