RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02580 XXXXXXXXXXX(DEC) COUNSEL: NONE XXXXXXXXXXX HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husband’s records be corrected to show he made an election for “former spouse” coverage, with immediate coverage based on full retired pay under the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: She sent in the DD Form 2293, Application for Former Spouse Payments from Retired Pay, on 8 Sep 09, 21 days before the divorce was granted because the judge would not grant the divorce until the annuity was set in place. She and her husband were under the mindset she would receive half of her husband’s annuity. In support of her request, the applicant provides copies of an unsigned DD Form 2293, and their marriage certificate and divorce decree. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The former member and the applicant were married on 18 Oct 97, and divorced on 29 Sep 09. On 21 Dec 05, the former member was notified of his eligibility for retired pay at age 60 and his eligibility to participate in the RCSBP. The election package was sent by certified mail to the address on file. He made no election during that time and was automatically enrolled in Option C, “Immediate annuity for spouse” effective 26 Jul 06. The former member died on 7 Jan 11, prior to his 60th birthday. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTTE recommends denial. DPTTE states the member failed to deem an election for former spouse coverage under the RCSBP and the divorce decree states that each party’s right to the other’s annuities were extinguished. The applicant states she sent a DD Form 2293 for the annuity within a year of their divorce. However, DPTTE states they have no record on file reflecting receipt of the DD Form 2293. The complete DPTTE evaluation, with attachments is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 16 Sep 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ 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 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 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. 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 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 Docket Number BC-2011-02580 in Executive Session on 3 Nov 11, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2011-02580 was considered: Exhibit A. DD Form 149, dated 22 May 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTEE, dated 29 Aug 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11.