RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2014-00051
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Reserve Component Survivor Benefit Plan (RCSBP).
APPLICANT CONTENDS THAT:
He made his original RCSBP election of Option C for children
only on 31 March 1999. He was not aware of any need, or
opportunity to update the plan after a life changing event.
Nowhere on the RCSBP Certificate is there a note to update
coverage. Nor was he advised after he remarried and enrolled
his wife into DEERS in 2008 that he needed to update his RCSBP
election.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The RCSBP Information Package that was mailed to the applicant
at his initial election point stated: If you do not have a
spouse or dependent children at the time you are entitled to
make an RCSBP election, but later acquire a spouse or children,
you may elect RCSBP coverage for that spouse or children within
one year of acquisition.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial based on the applicant not making
the update within one year of his marriage as prescribed by
Title 10 USC, Subsection 1448 (a)(5)(8). ARPC/DPTT states the
applicant married on 4 July 2008. In accordance with Title 10
USC, 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 which that person marries or acquires the
dependent child. They have no record of the applicant
contacting ARPC and requesting to add his spouse to his RCSBP.
The complete DPTT evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states while he did not notify ARPC of his desire
to add his spouse to the RCSBP coverage within one year of his
re-marriage in 2008, he did not do so because he was not
sufficiently notified of his option to make a new election for
coverage.
He may have been notified of the policy in an RCSBP information
package that was provided to him at his initial election that
was made in April 1999. However, nowhere on the RCSBP Election
Certificate is there a reference to this policy or a note
stating what options would be available to him if his status
changed.
When he re-married in 2008, nine years later, he went to the
local personnel flight to get his wife an ID card and have her
entered into DEERS; however, there was no verbal, or written,
reminder of the policy and he did not update his coverage.
There was also no notification to his spouse that an earlier
RCSBP election was made and that the immediate spouse annuity
(Option C) was not chosen. As a result, there was no required
spousal consent provided and his spouse has been denied this
benefit.
The applicants complete response is at Exhibit D.
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
(OPR) 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 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-2014-00051 in Executive Session on 22 November 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 January 2014, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 27 February 2014,
w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 15 September 2014.
Exhibit D. Letter, Applicant, dated 7 October 2014.
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