RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00858
		INDEX CODE:  137.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His election under the Reserve Component Survivor Benefit Plan (RCSBP) be terminated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he completed the form he had been divorced since 1984.  He remarried in January 1990 and divorced his second wife in 1994.  No SBP forms were completed.  He now has full custody of his two sons.  He would appreciate any consideration given to his request.

Applicant does not provide any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 1 December 1989, the applicant made a former spouse election under the RCSBP for his first wife, whom he had divorced on      4 April 1985.  This election was not court ordered; it was made voluntarily.  In 1990, the applicant remarried; however, the applicant did not request any changes to the RCSBP coverage within a year of the marriage, as required by law.  This second marriage ended in divorce in 1994.  In January 2003, the applicant applied for Reserve retired pay effective on his 60th birthday, 24 January 2003.  Since he still had a valid RCSBP election for former spouse, the Air Reserve Personnel Center Retirement Branch input the data into the Defense Finance and Accounting Service - Cleveland Center (DFAS-CL) pay system.  The RCSBP cost is being withheld from the applicant’s retired pay.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP states that according to Title 10, United States Code, Section 1448, an election under RCSBP cannot be changed or withdrawn unless there is a change in marital status, and then only if the request is made within 1 year.  The law does allow the former spouse coverage to be terminated if the former spouse dies.  In addition, the coverage can be suspended if the former spouse remarries prior to age 55, since the former spouse is not eligible for the RCSBP annuity while remarried if the remarriage occurred prior to age 55.  However, the member cannot stop former spouse coverage, nor can he change the election based solely on the former spouse’s remarriage prior to 55.

A complete copy of the evaluation, with attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 May 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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 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 and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling 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 26 June 2003, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 7 Mar 03.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, ARPC/DPP, dated 29 Apr 03.
	Exhibit D.	Letter, SAF/MRBR, dated 9 May 03.

					
					Panel Chair