RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02535 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His record be changed to show he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: He went to the 157th Military Personnel Flight (MPF) to have his marriage updated in the Defense Eligibility Enrollment Reporting System (DEERS). He also asked if there was anything else he needed to take care of – SBP was never mentioned. In support of his request, the applicant submits a copy of his marriage record. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was notified of his eligibility to participate in the RCSBP on 12 December 2003 via letter. The election package was sent to the applicant’s address. He made no election during that time and was automatically enrolled in Option A (Decline to make an election until age 60). The applicant married on 17 February 2009. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states unfortunately the MILPDS and DEERS do not interchange or merge information. In addition, the RCSBP can only be updated by ARPC and DPTT and they have no record of contact. The RCSBP package that was sent to the applicant in 2003 clearly explained that if the member had any questions, life changing events, or concerns to call this headquarters. Based on the facts provided, the applicant did not request to change his RCSBP coverage within one year of his marriage as required by law Title 10, U.S.C., Section 1448. The DPTT complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 19 August 2011, a copy of the Air Force 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. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an injustice. Having carefully reviewed this application, we believe that relief is warranted. We note the applicant took steps to have his marriage updated in the DEERS and through no fault of his own, he was not fully aware of the steps necessary to implement SBP coverage for his spouse. In addition, the Board finds the evidence sufficient to give him the benefit of doubt in this matter as it does not appear reasonable that he would have knowingly elected not to elect this important benefit. As such, we believe that any doubt in this matter should be resolved in his favor. Therefore, we recommend that his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 17 February 2009, he elected spouse coverage under the Survivor Benefit Plan (SBP) based on full retired pay, naming XXXX as the spouse beneficiary. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02535 in Executive Session on 26 April 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-02535 was considered: Exhibit A. DD Form 149, dated 16 June 2011, w/atch. Exhibit B. Letter, AFPC/DPTT, dated 8 August 2011, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 19 August 2012.