RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00795 

 

 (MEMBER) COUNSEL: NONE 

 

 (APPLICANT) 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. Her former spouse’s records be corrected to reflect he was 
eligible for retirement and; 

 

2. He made a timely election for spouse coverage under the 
Reserve Component Survivor Benefit Plan (RCSBP). 

 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She believes she is entitled to receive her former spouse’s 
retired pay. He filled out the necessary forms electing her as 
his beneficiary. 

 

In support of her request, the applicant provides an expanded 
statement and copies of an ARPC Form 123, Reserve Component 
Survivor Benefit Plan Election Certificate, and a letter from the 
Defense Finance and Accounting Service (DFAS). 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The 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 B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ ARPC/DPTT recommends denial. The servicemember accepted an 
early retirement on 13 Aug 96. He was notified on 23 Oct 96 of 
his eligibility to participate in the RCSBP. He elected Option C 
(immediate annuity) for spouse and child coverage based on full 


retired pay on 12 Jan 97. The servicemember passed away on 
18 Jul 04 and the applicant began receiving the RCSBP annuity in 
July 2004. The applicant sent DFAS her Certificate of 
Eligibility along with a copy of her marriage certificate 
indicating she had remarried. She was 46 years old at the time 
of her remarriage. Title 10, United States Code (U.S.C.), 
Section 1450(b)(2) states the annuity terminates if a spouse 
remarries before age 55. In addition, Title 10, U.S.C., Section 
1450(b)(3) states if the surviving spouse remarries before 
reaching age 55 and that marriage is terminated by death, 
annulment, or divorce, payment of the annuity shall be resumed 
effective as of the first day of the month in which the marriage 
is so terminated. 

 

The complete HQ ARPC/DPTT evaluation, with attachments, is at 
Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The forms the servicemember completed electing her as his 
beneficiary did not indicate anything regarding the implications 
of remarriage on her benefits. This form is a legal document 
and, absent this information, her annuity should not be 
terminated based on these provisions. 

 

The applicant’s complete response is at Exhibit C. 

 

_________________________________________________________________ 

 

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, to include the 
rebuttal response, in judging the merits of the case; however, we 
agree with the opinion and the 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. While it is regrettable the 
applicant may not have been aware of the impact of remarrying 
before turning age 55, unfortunately due to the provision of law 
on this issue, the relief requested is outside the Board’s 
authority. Therefore, we must recommend that the requested 
relief be denied. 

 

_________________________________________________________________ 


THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of a material error or 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. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00795 in Executive Session on 27 Oct 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Mar 11, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 29 Jun 11. 

 Exhibit C. Letter, SAF/MRBR, dated 15 Jul 11. 

 Exhibit D. Letter, Applicant, dated 19 Jul 11. 

 

 

 

 

 

 Panel Chair