RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01745
XXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to show he made a timely election for
spouse coverage under the Reserve Component Survivor Benefit Plan
(RCSBP).
APPLICANT CONTENDS THAT:
He updated his election in 2006 to remove his former spouse and
designate his children as his beneficiaries. He remarried in
2011, however, he did not realize that he failed to add his new
spouse within one year as required by law until he reviewed his
records.
In support of his request, the applicant provides copies of his DD
Form 2656-6, Survivor Benefit Plan Election Change Certificate and
marriage license.
His complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant was honorably discharged from the Air National Guard
and transferred to the Retired Reserve List effective 30 September
2014.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. On 17 October 2006, the applicant
updated his RCSBP election to Option C, Immediate Annuity for
Child(ren) Only. On 30 April 2011, he married his current
spouse. However, he failed to submit a valid election within the
first year of his marriage as dictated by law.
The complete DPTT evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 September 2014, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days.
To date, a response has not been received (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 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 the
rationale expressed as the basis for our conclusion the applicant
has not 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.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and 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 this application in
Executive Session on 16 March 2015, under the provisions of AFI
36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR BC-2014-
01745 was considered:
Exhibit A. DD Form 149, dated 10 April 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 15 September 2014, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 22 September 2014.
AF | BCMR | CY2014 | BC 2014 00051
STATEMENT OF FACTS: The RCSBP Information Package that was mailed to the applicant at his initial election point stated: If you do not have a spouse or dependent children at the time you are entitled to make an RCSBP election, but later acquire a spouse or children, you may elect RCSBP coverage for that spouse or children within one year of acquisition. AIR FORCE EVALUATION: ARPC/DPTT recommends denial based on the applicant not making the update within one year of his marriage as...
AF | BCMR | CY2011 | BC-2011-02535
In addition, the Board finds the evidence sufficient to give him the benefit of doubt in this matter as it does not appear reasonable that he would have knowingly elected not to elect this important benefit. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 17 February 2009, he elected spouse coverage under the Survivor Benefit...
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The applicants complete submission, with attachments, is at Exhibit A. On 3 Jan 14, the applicant signed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, establishing his children as the beneficiaries of his RCSBP. 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: ARPC/DPTT recommends denial indicating there is...
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