RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00656
COUNSEL: NONE
(DECEASED)
HEARING DESIRED: NO
(APPLICANT)
APPLICANT REQUESTS THAT:
Her deceased spouses records be corrected to change his Reserve
Component Survivor Benefit Plan (RCSBP) child only coverage to
spouse and child.
APPLICANT CONTENDS THAT:
They were married in May 07. They believed that when they
provided their marriage certificate, her drivers license and
her receiving a military identification card that she had been
added to his benefits.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 3 Apr 06, the service member was notified of his eligibility
to receive reserve retired pay and to participate in RCSBP.
On 7 Aug 07, the service member was released from his reserve
assignment and transferred to the retired reserve to await
retired pay at age 60.
On 27 May 07, the applicant and service member were married.
On 19 Oct 13, the service member passed away.
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:
AFPC/DPPT recommends denial indicating there is no evidence of
an error or an injustice. On 18 Aug 06, the service member
received an automatic election, Option C, Immediate Annuity for
child only maximum coverage. The service member was divorced
with a child at the time of the election.
Neither the applicant nor the service member notified ARPC of
the subsequent change in marital status. Under the provisions
of Title 10, United States Code (USC), an election for SBP
coverage must be written, signed by the individual making the
election and received within one year following the date of
marriage or acquiring a dependent child.
While the ARPC/DPTT empathizes with the applicant, there is no
evidence she or the member reported their marital status within
the required time period and her request should therefore be
denied.
A complete copy of the ARPC/DPPT evaluation, with attachments,
is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
They believed they had provided the necessary documentation to
update their marital status to have her listed as his
beneficiary. She further states her husband was never
previously married.
The applicants complete response, with attachment, is at
Exhibit E.
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 the
rebuttal response, 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. While the applicant indicates
that her deceased husband was not previously married, we remain
unconvinced that corrective action is warranted. The
applicants marital status prior to the events under review have
no bearing on the fact that the deceased former member failed to
request coverage under the RCSBP within one year of his marriage
to the applicant as required under the provisions of the
program. 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-2014-00656 in Executive Session on 17 Feb 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPTT, dated 15 Sep 14,
w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 28 Sep 14.
Exhibit E. Letter, Applicant, dated 20 Oct 14, w/atch.
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