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AF | BCMR | CY2014 | BC 2014 00656
Original file (BC 2014 00656.txt) Auto-classification: Denied
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 spouse’s 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 driver’s license and 
her receiving a military identification card that she had been 
added to his benefits.

The applicant’s 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 applicant’s 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 applicant’s 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 
applicant’s 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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