RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00104
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show his current spouse as the beneficiary for his Reserve Component Survivor Benefit Plan (RCSBP).
APPLICANT CONTENDS THAT:
Due to an administrative oversight on his part, he missed the one year deadline (by only eight days) for notifying the Air Reserve Personnel Center (ARPC) of his remarriage.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant currently serves in the Air Force Reserve in the grade of lieutenant colonel (O-5).
On 3 Jan 14, the applicant signed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, establishing his children as the beneficiaries of his RCSBP.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. On 25 Jan 05, the member was mailed his RCSBP election package. He made no response during the 90-day period and, as prescribed by Title 10, USC Subsection 1448, was automatically covered under Option C, "Immediate Annuity" for spouse and child(ren). At the time of this election, the applicant was married with dependent children. On 15 May 10, the applicant divorced. The court did not award former spouse coverage under the RCSBP; therefore, the applicant's coverage was updated to reflect "child(ren) only." The member remarried on 23 Dec 12. However, neither the member nor his spouse notified ARPC on the change in marital status within one year of the marriage in accordance with Title 10, USC, Subsection 1448. The member also had an additional opportunity during an Open Season to elect coverage for his spouse, but did not elect to participate.
A complete copy of the AFPC/DPTT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant fully concurs with the OPR analysis of the matter in question, but does not concur with their recommendation of denying relief. He reiterates the sequence of events leading up to his application to the AFBCMR, and as he did in his original application, he takes full responsibility of his error in assuming that when he updated his MILPDS information to reflect his December 2012 marriage, his Reserve Component Survivor Benefit Plan (RCSBP) would be updated as well. Also, he indicates he is aware that he would be responsible for the spousal premiums this coverage would incur (see attached RCSBP response).
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, to include his rebuttal response to the advisory opinion, 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 of injustice. The Board finds the applicants situation regrettable, however, does not find that an error has occurred or that circumstances of this case rise to the level of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material 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-2014-00104 in Executive Session on 22 Nov 14 under the provisions of AFI 36-2603:
,
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTT, dated 3 Feb 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Jul 14.
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