RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  04-00690
		INDEX CODE:137.04
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he elected spouse and children coverage under the Reserve Component Survivor Benefit Plan (RCSBP).  

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APPLICANT CONTENDS THAT:

On 11 September 1990, he elected spouse and children coverage.  He would like his daughter to be covered under the RCSBP but was told that he could not because his records showed a “spouse only” election.  

In support of his appeal, applicant submits a personal statement and a copy of his RCSBP plan election certificate.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The Military Personnel Database reflects the applicant was assigned to the Retired Reserve Awaiting Pay At Age 60 and began drawing retired pay effective 28 December 2003 in the grade of lieutenant colonel. 

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. 

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AIR FORCE EVALUATION:

ARPC/DPS recommends the application be denied.  DPS states that on 5 April 1990, the applicant elected Option “C” immediate annuity for spouse and children.  This election was correct based on his youngest child at that time.  The package that was mailed to the applicant explained in detail that any life changing event should be reported to the Entitlements Branch within one year of the event. DPS indicates that the applicant did not notify their office within the year time frame of having another child.   The ARPC/DPS evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 March 2004 for review and comment.  As of this date, this office has received no response.  

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We have reviewed the available evidence pertaining to the applicant’s assertions relating to his Reserve Component Survivor Benefit Plan (RCSBP) election, and we are unpersuaded that an RCSBP election of spouse and child based on his youngest child’s date of birth is warranted.  His contentions in this regard are duly noted; however, in our opinion, the Air Force office of primary responsibility has adequately addressed these contentions and we are in agreement with their recommendation.  In view of the above, we find no basis to warrant favorable consideration of this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.  

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The following members of the Board considered this application in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence for AFBCMR Docket Number 04-00690 was considered:

    Exhibit A.  DD Form 149, dated 26 Feb, w/atchs.
    Exhibit B.  Letter, ARPC/DPS, dated 17 Mar 04 w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 19 Mar 04.