RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02962
XXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
1. She be allowed to add her two children to her Reserve Component Survivor Benefit Plan (RCSBP).
2. She requests that her RCSBP Election Code be changed to
CImmediate Annuity and RCSBP Person Insured Code be changed to FSpouse and Children.
APPLICANT CONTENDS THAT:
The current plan only includes her spouse and not her additional dependents. She was not aware and did not make the 90-day window to respond and make changes to her plan.
In support of her request, the applicant provides copies of her childrens birth certificates and social security cards.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant retired from the Air Force Reserve in the grade of lieutenant colonel (O-5)
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 B.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. The applicant logged into submit her RCSBP application on 25 Oct 12 and received a suspense of
24 Jan 13. She did not respond within the required 90 days to
non-concur with the automatic election and make her desired changes (See ARPC/DPTT Advisory Atch 1, NERP/RCSBP Allocation Screen Shot).
In accordance with Title 10 USC, Subsection 1448 (a)(4)(B), Reserve component annuityAn election under paragraph (2) (B) is irrevocable if not revoked before the end of the 90-day period referred to in that paragraph (See ARPC/DPTT Advisory Atch 2, Title 10 U.S.C. Subsection 1448 (a)(2)(B)). Since ARPC has no record that the applicant notified them of her election within the required timeframe, she is not eligible to add her children to her RCSBP.
If the decision is to grant the relief sought, the records should be corrected to show the applicant made a Spouse and Children election effective the date of the youngest childs birth, 2 Feb 07.
The complete DPTT evaluation, with attachments, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 27 Oct 14 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office.
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 in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) 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.
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-2014-02962 in Executive Session on Wednesday, 6 May 15 under the provisions of AFI 36-2603:
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The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jul 14, w/atchs.
Exhibit B. Memorandum, ARPC/DPTT, dated 3 Sep 14, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 27 Oct 14.
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