RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01704
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he made a timely election for
spouse coverage under the Reserve Component Survivor Benefit
Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He originally made his RCSBP election in 2004. On 21 Oct 2011,
he was remarried. He should be allowed to change his RCSBP
election since his children are over the age of 19 and his
divorce decree does not stipulate he provide SBP for his ex-
wife. On 1 Jul 2013, he retired and was told that he could
enter a new SBP election within one year of his retirement. He
was waiting to complete his Department of Veterans Affairs
disability process to determine which SBP plan he should select.
He was not aware that he was required to make a SBP election
within one year of his marriage.
In support of his request, the applicant provides copies of his
ARPC Form 123, Reserve Component Survivor Benefit Plan Election
Certificate, Certificate of Marriage and Property Settlement and
Custody Agreement.
His 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 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 the applicant did
not provide the Air Reserve Personnel Center (ARPC) a copy of
his marriage certificate within the one year as dictated by law.
He was not court ordered to provide former spouse coverage to
his former spouse. However, on 6 Dec 2004, he made a former
spouse election under the RCSBP. He can remove his former
spouse at any time. However, there are restrictions to add a
spouse. According Title 10,Subsection 1448 (a)(5)(B) Manner 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." On 19 Mar 2012, the
applicant contacted ARPC and he was instructed to provide ARPC
with a copy of his current marriage certificate and a complete
copy of his divorce decree so they could counsel him correctly
about his options for updating his election. The applicant did
not provide the requested documents to ARPC within the timeframe
prescribed by law.
The complete DPTT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 May 2013, a copy of the Air Force evaluation was forwarded
to the member 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. 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. 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 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 13 Dec 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-01704:
Exhibit A. DD Form 149, dated 2 Apr 2013, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 9 May 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 10 May 2013.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
8
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
3
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