RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02769 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His former spouse be entitled to benefits under the Reserve Component Survivor Benefit Plan (RCSBP). ________________________________________________________________ APPLICANT CONTENDS THAT: Based on the requirements of the divorce decree and in the interest of complying with the law, he is requesting that the record be changed to reflect his former spouse is entitled to her portion of his military retirement via Option C. In support of his appeal, the applicant provides a copy of the divorce decree. 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 27 Jul 06 by letter. The election package was sent to the applicant's address, he made no election during that time and, since he had dependents, he was automatically enrolled in Option C, "Immediate Annuity for spouse and children" effective 20 Dec 06. On 2 Jun 08, the applicant divorced; the court awarded RCSBP coverage to the former spouse, however, he nor his former spouse requested to change the RCSBP coverage from spouse and children to former spouse and children. ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends denial, stating, in part, based on the facts provided, the applicant did not request to change his RCSBP coverage within one year of the divorce as required by law, Title 10, USC, Section 1448. In addition, the applicant states he would like to be in compliance with the guidelines that are outlined in the divorce decree. The RCSBP package that was sent to the applicant in 2006 explained that if he had any questions, concerns or 1ife changing events to contact ARPC. However, they have no record of the applicant contacting them. The complete ARPC/DPTT evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Aug 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 warranting corrective action. Although we find no evidence of an error on the part of the Air Force, after careful consideration of the applicant’s submission, we believe that his former spouse and children should be designated as the eligible beneficiaries for his RCSBP annuity. In this respect, we believe it is in the interest of the Air Force to ensure its members and/or former members comply with the governing statutes and law. Therefore, we are convinced it was the applicant’s intent to provide survivor benefits for his former spouse and children and that this issue should be resolved in favor of the applicant. In view of the above, we recommend his record 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 1 June 2009, he elected to change his Reserve Component Survivor Benefit Plan (RCSBP) spouse and child coverage to former spouse and child coverage, based on the full retired pay, naming his former spouse as the beneficiary. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02769 in Executive Session on 10 April 2012, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 17 Aug 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 26 Aug 11. Panel Chair