RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00988
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
Her Reserve Component Survivor Benefit Plan (RCSBP) election be
changed to reflect spouse and child coverage in the Jun/Jul
08 timeframe.
APPLICANT CONTENDS THAT:
The date in the system is still showing 31 Mar 07 (spouse and
children) from her initial election. However, the date should
be Jun/Jul 08 when she faxed in a DD Form 2656 to add her newest
child that was born on 31 May 08.
The applicants complete submission is at Exhibit A.
AIR FORCE EVALUATION:
AFPC/DPTT recommends denial indicating the applicant did not
notify the Air Reserve Personnel Center (ARPC) of her dependent
change within the timeframe prescribed.
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." Because ARPC
has no record of the member's dependent change within the
required time frame, she is not eligible to add her newborn
child onto her RCSBP.
The complete DPTT evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant requests the recommendation to deny her RCSBP
election be overturned. DPTT stated that she had not turned in
her election form within the required time frame. However,
after 17 years in the Force Support Squadron with the last 10 as
the Superintendent she was well informed as to the requirement
and accomplished the change request within the time frame.
In Jun 14, she was able to locate a portion of the documentation
that she faxed requesting her youngest child be added to her
RCSBP election. She has attached said documentation as proof
that she requested the change within one year.
She was not expecting that her husbands and his requests would
be denied due to the office misplacing her faxed request. She
holds the Air Force Core Values in the highest regard and holds
herself responsible for her actions.
The applicants complete response, with attachments, is at
Exhibit C.
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, including the
applicants response, in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air
Force Reserve office of primary responsibility and adopt its
rationale as the basis for our conclusion the applicant has not
been the victim of an error of injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the requested relief.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
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-2014-00988 in Executive Session on 16 Mar 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Mar 14.
Exhibit B. Letter, ARPC/DPTT, dated 14 May 14.
Exhibit C. Letter, SAF/MRBR, dated 30 May 14.
Exhibit D. Letter, Applicant, undated, w/atchs.
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