RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03146
		INDEX CODE:  137.04

  	COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect Spouse and Child (Option CF) coverage under the Reserve Component Survivor Benefit Plan (RCSBP) based on full retired pay.

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APPLICANT CONTENDS THAT:

He never received a Transition Assistance Seminar or Pre-Separation briefing with a career counselor on the RCSBP.  He recently reviewed a breakdown of his retired pay and noticed that the SBP portion only listed his son as the beneficiary.  He also noticed his son’s date of birth (DOB) was listed incorrectly.  

He retired from the Air Force Reserve (USAFR) in 1999 and was remarried in 2002.  At that time, when he took his new wife to the local base to enroll her for all military benefits, he had their marriage certificate and enrolled her as beneficiary to qualify for an annuity after his death.  He indicates a possible source of the confusion is because his former spouse and current spouse have similar names.  His former spouse was XXXX J., and his current spouse is XXXX I.  Also, he experiences confusion with other insurance coverage’s as well.

When he reached age 60 retirement status, he received a form giving him the option to make changes to his beneficiaries.  However, there was no need to change the form because his spouse was already listed; he thinks that he returned the form with the same information on his current spouse.  He cannot find a copy in his personal files.  His spouse did not sign indicating she was waiving SBP, and he is very disturbed that she is not listed on the forms.

In support of his appeal, the applicant submits a personal statement; an SBP Affidavit; an SBP questionnaire, and an attached DD Form 2656, Data for Payment of Retired Personnel, dated 15 Aug 08.

The applicant's complete submission with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was notified of his eligibility to participate in the RCSBP in 1991.  He made no election during that time and was automatically enrolled in Option A, “Deferred election until age 60.”  In 1995, the applicant was divorced from his former spouse and during an open enrollment in 1999 through 2000, he elected to participate with an election of Option CJ, “immediate annuity for child only.” In 2002, he was married to his current spouse.  

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AIR FORCE EVALUATION:

HQ ARPC/DPP reviewed this application and recommends denial.  The applicant was required to make an RCSBP election within 90 days of receipt of notification in accordance with Title 10, United States Code (USC), Section 1448 (a)(2).  The package that was sent to the applicant in 1991 clearly states that any life changing events must be reported within one year of the event.  In accordance with Title 10 USC, Section 1448 (3)(A)(iii), any such election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date of the decree of marriage, divorce, dissolution, or annulment.

In 2002, he did not notify DPP of his change in marital status within one year as required by law.  He would like his current spouse listed as the beneficiary under RCSBP.  According to the Defense Finance and Accounting Service (DFAS), in 2004, when the applicant applied for Retired Pay, he did not make any changes to his election at that time.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He did not enroll in the RCSBP in 1991, he was told by Air Force personnel officials that he could enroll at a later date, i.e., at age 60 or if divorced and remarried.  His records do not reflect the enrollment of his current spouse when he was remarried on 13 Jul 02.  It appears the disposition of that paperwork is missing.  He did notify officials of the marriage when he took his spouse to get an identification card  and at that time she was added to his records as his spouse.  He completed all the required paperwork at that time, which can be verified through the issuance of her ID card.  However, he is not sure where the remaining paperwork has gone.  

The applicant’s complete response, with attachment, is at Exhibit D.  

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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 took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of HQ ARPC/DPP 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 in 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 AFBCMR Docket Number BC-2008-03146 in Executive Session on 28 May 2008, under the provisions of AFI 36-2603:

           XXXXXXXXXX, Panel Chair
           XXXXXXXXXX, Member
           XXXXXXXXXX, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Aug 08, w/atchs.
   Exhibit B.  Letter, ARPC/DPP, dated 22 Sep 08, w/atchs.
   Exhibit C.  Letter, AFBCMR, dated 26 Sep 08.
   Exhibit D.  Letter, Applicant, dated 11 Nov 08, w/atch.  

                                   XXXXXXXXXX
                                   Panel Chair