RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00383
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that his Reserve Component
Survivor Benefit Plan (RCSBP) child coverage was changed to
spouse coverage.
________________________________________________________________
APPLICANT CONTENDS THAT:
He elected RCSBP child coverage. However, his children are
beyond age and he requests SBP spouse coverage.
The applicant believes the Board should find it in the interest
of justice to consider his untimely application as he was
unaware he had to elect SBP spouse coverage within one year of
marriage.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 8 Nov 93, the applicant was placed on the Retired Reserve
List.
According to his ARPC Form 123, RCSBP Election Certificate,
dated 8 Jul 94, he elected Option C, Immediate Annuity for
Children Only.
On 29 Apr 95, the parties were married.
On 13 Mar 14 (60th birthday), the applicant was retired and
credited with 20 years and 15 days of active duty.
Per 10 U.S.C. § 1448(a)(5)(B) an election must be written,
signed by the person making the election, and received within
one year after the date which that person marries or acquires
the dependent child.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. The applicant did not notify ARPC
of his marital status change within the time frame prescribed by
10 U.S.C. § 1448(a)(5)(B). He was provided two additional
opportunities to update his election during the two RCSBP Open
Enrollment Seasons (1 Mar 99 thru 29 Feb 00 and 1 Oct 05 thru
30 Sep 06). Members who previously elected less than full
coverage or no coverage for their spouse/children were afforded
the opportunity to change their election to cover their families
during the open enrollment. DPTTs records show that the
applicant did not elect to participate during these timeframes.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Mar 14, a copy of the Air Force evaluation was provided to
the applicant for review and comment within 30 days. As of this
date, this office has not received a response.
________________________________________________________________
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 that the applicant has
failed to sustain his burden of proof that he has 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.
________________________________________________________________
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THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
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 AFBCMR Docket
Number BC-2014-00383 in Executive Session on 22 Nov 14, under
the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following pertinent documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jan 14, w/atch.
Exhibit B. Letter, ARPC/DPTT, dated 8 Mar 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 21 Mar 14.
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