RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00898 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he made a timely election for former spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: His records reflect his current spouse as his RCSBP beneficiary and it should reflect his former spouse. In support of his appeal, the applicant provides copies of DD Form 2656-1, Survivor Benefit Plan (SBP) Election Statement For Former Souse Coverage, DD Form 2293, Application For Former Spouse Payments From Retired Pay, his marriage license, Domestic Relation Order. Applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was married when he was notified of his eligibility to participate in the RCSBP on 11 Jul 95. He failed to make an election at that time and was automatically enrolled in Option A, Decline to make an election until age 60. The parties were divorced on 7 May 04. A Domestic Relations Qualifying Order (DRQO) filed on 3 Apr 05 deemed the applicant’s former spouse as the beneficiary for the RCSBP. The order was submitted and received by the Defense Finance and Accounting Service (DFAS) within the one year period required by law. DFAS notified the former spouse that they should return to court to have the level of coverage changed on the DRQO because statute requires the language to be expressed as either maximum coverage or a specific dollar amount and not less than $300.00. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends the applicant and former spouse return to civil court to have paragraph 7 of the DRQO SBP language changed due to the statute requiring the SBP award be expressed as either maximum coverage or a specific base amount in a dollar amount not less than $300.00. The SBP monthly annuity payment at any point in time is determined by multiplying the designated SBP base amount by 55 percent. DPP notes once this has been accomplished, the applicant should forward the information to DFAS to ensure that the former spouse information will be on file. The complete ARPC/DPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 2 Jul 10, for review and comment 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 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 an error or an injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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 a 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 AFBCMR Docket Number BC-2010-00898 in Executive Session on 5 Oct 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 3 Mar 10, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, ARPC/DPP, dated 16 Jun 10, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 10.