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Decision Text

AF | BCMR | CY2014 | BC 2014 01745
Original file (BC 2014 01745.txt) Auto-classification: Denied
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.  Applicant’s Master Personnel Records.
  Exhibit C.  Letter, ARPC/DPTT, dated 15 September 2014, w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 22 September 2014.





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