RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02077
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to add his youngest son to his Reserve Component
Survivor Benefit Plan (RCSBP).
APPLICANT CONTENDS THAT:
On 27 February 2001 he submitted ARPC Form 123, Reserve
Component Survivor Benefit Plan Election Certificate, which
identified his spouse and three children for survivor benefits.
On 9 July 2001, his fourth child was born and while he added him
to the Defense Enrollment Eligibility Reporting System; he
inadvertently failed to add him to his RCSBP.
In support of his request, the applicant provides copies of ARPC
Form 123 and his sons birth certificate.
His complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
Reserve Order EL-1165 dated 22 December 2014, placed the
applicant on the Air Force Retired List in the grade of
Brigadier General (O-7) effective 15 January 2015.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. Title 10 United States Code,
Subsection 1448 (a)(5)(B) states, 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. ARPC has no record that the applicant
notified them of his dependent change within the required
timeframe. Therefore, he is not eligible to add his youngest
son to his RCSBP.
The complete DPTT evaluation, with attachment, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 1 August 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 AFBCMR BC-2014-
02077 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-
02077 was considered:
Exhibit A. DD Form 149, dated 19 April 2014, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 23 June 2014, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 1 August 2014.
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