RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00991
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His Reserve Component Survivor Benefit Plan (RCSBP) election be
changed to reflect spouse and child coverage in the Jun/Jul
08 timeframe.
APPLICANT CONTENDS THAT:
He completed the required paperwork and faxed it to the
appropriate office with along with his military spouses during
her maternity leave. He received an "OK" transmittal record to
ensure the fax had gone through. However, they noticed the
error in the dates when reviewing their records and contacted
the Air Reserve Personnel Center (ARPC) to find out why it had
not been updated. He believes his paperwork was misplaced or
lost due to the transition from hard copy records to electronic
copy for the entire Air National Guard (ANG).
He followed the appropriate procedures and met the required
deadline and would like this error corrected so that he may
ensure his children have coverage.
The applicants complete submission is at Exhibit A.
AIR FORCE EVALUATION:
AFPC/DPTT recommends denial indicating the applicant did not
notify the ARPC of his dependent change within the timeframe
prescribed.
In accordance with Title 10, Unites States Code U.S.C.,
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 applicant's
dependent change within the required time frame, he is not
eligible to add his newborn child onto his RCSBP.
The complete DPTT evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He requests DPTTs recommendation to deny his request to change
his RCSBP election be overturned. DPTT stated that he had not
turned in his election form within the required time frame.
However, after 34 years in the ANG and his military spouse as
the FSS Superintendent for 10 years he is well informed as to
the requirement and accomplished the change request within the
time frame.
In Jun 14, they finally located a portion of the documentation
that was faxed requesting his youngest child be added to his
RCSBP election and have attached it as proof that he requested
the change within one year.
He is also aware of the numerous changes, most notably
transitioning to electronic records that have gone on at ARPC
year after year; however, he was not expecting that he and his
spouse's requests would be denied due to the office misplacing
his faxed request.
He holds the Air Force Core Values in the highest regard and
himself responsible for his actions and would not be applying
for this correction had he not faxed in the change to his
records in time.
The applicants complete response, with attachments, is at
Exhibit D.
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-2014-00991 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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