RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03883
		INDEX CODE:  137.04

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His spouse be added as a beneficiary of his Reserve Component Survivor Benefit Plan (RCSBP) annuity.

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APPLICANT CONTENDS THAT:

He retired on 1 March 1985, was married on 26 March 2002, and became eligible to receive Reserve retired pay on 24 October 2003.  On 1 January 2004, he realized his spouse was not listed as a beneficiary of his RCSBP annuity.  He contends he submitted a new form requesting his spouse be added as a beneficiary.  He submitted the form again on 29 July 2004 and was informed he would have to pay retroactive premiums from 24 October 2003 to present.  He didn’t hear from the Defense Finance Accounting Service (DFAS) and resubmitted the form on 2 November 2004.  He states he received an undated response that denied his request to add his wife as a beneficiary.

In support of his appeal, the applicant has provided copies of his retirement order, a DFAS Designation of Beneficiary form, a personal statement requesting his spouse be added as a beneficiary, his marriage certificate, the undated response from DFAS to his request, and a copy of his Retiree Account Statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant elected child only coverage under the Reserve Component Survivor Benefit Plan (RCSBP) effective 1 February 1983.  He retired on 1 March 1985 and was married on 26 March 2002.  On 24 October 2003, he became eligible for Reserve retired pay and realized his spouse was not listed as a beneficiary of his RCSBP.  He submitted a request to DFAS on 17 February 2004, to establish his spouse as a beneficiary, but his request was denied.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP notes under the provision of Title 10, United States Code (U.S.C.), Section 1448, a person who is not married upon becoming eligible to participation in RCSBP, and who later marries, has one year from the date of marriage to establish coverage for the spouse.  DPP states the applicant was provided a package explaining how he could establish coverage for a future spouse at the time he became eligible for RCSBP benefits.  He did not establish coverage for his spouse within the one-year allotted to do so.

DPP’s complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends he was not married when he made his child only election to RCSBP on 2 December 1983.  He married for the second time on 2 December 1983, divorced, and married the third time on 26 March 2002.  During both marriages, he contends he was never told about any additional paperwork necessary to elect spouse coverage.  When his second wife received her ID card, no one from Personnel told him he needed to change his beneficiary form.  He retired from the District of Columbia Air National Guard (DCANG) in 1985 and contends he was totally unaware of the provisions in Title 10, United States Code (U.S.C.), Section 1448.  He contends he cannot remember yesterday, much less what happened 17 years ago.  Any package mentioned by the Air Force advisory would have been dry rotted by the time he had married the third time.  He feels there should be provisions for this type of oversight and believes he cannot be the only person who has requested an exception. 

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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 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  We are aware however of an SBP Open Season occurring in October 2005 whereupon the applicant may make the desired changes to his election.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2004-03883 in Executive Session on 7 July 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Dec 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 14 Jan 05, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Jan 05.
    Exhibit E.  Letter, Applicant, dated 31 Jan 05.