RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02352
		INDEX CODE:  137.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to change his Reserve Component Survivor Benefit Plan (RCSBP) election from Option CA, based on full retired pay to Option CA, based on a reduced amount for his former spouse.

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APPLICANT CONTENDS THAT:

At the time he completed the ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, in December 1990, he was married and elected full coverage.  However, in November 1995, he divorced and the divorce decree states his former wife is not entitled to full benefits.  He was not aware that he had one year to make a change in the level of coverage.  To leave the record as it currently stands would violate his divorce decree.

In support of his request, the applicant provided a copy of the ARPC Form 123 and a copy of his divorce decree.

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

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STATEMENT OF FACTS:

In 1990, applicant was notified of his eligibility to participate in the RCSBP.  He elected Option CA, Immediate Annuity for spouse based on full retired pay.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states that by law, the RCSBP election is irrevocable unless there is a change in marital status.  If the member loses his spouse by death or divorce, he has one year to effect a change in his election.

The applicant was divorced in 1995.  He did not notify ARPC about the marital status changes within a year as required by law.  The applicant states, he was not aware that he had a year after his divorce to send a copy of his decree to ARPC.  The package that was sent to the applicant clearly states that any life changing events must be reported to ARPC within a year of the event.  According to Title 10, U.S.C., Section 1448(3)(A)(iii), any such election must be written one year after the date of the decree of divorce, dissolution, or annulment.

In reviewing the applicant’s divorce decree, it does not specify any amount.  Paragraph iii, page 10, states that the applicant shall elect survivor benefits from his Reserve Retirement Plan for his spouse.

ARPC/DPP’s complete evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 August 2007, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C).  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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the 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.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an error or an 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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02352 in Executive Session on 14 February 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 July 2007, w/atchs.
   Exhibit B.  Letter, ARPC/DPP, dated 21 August 2007, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 31 August 2007.