RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03369 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he added his spouse to his Reserve Component Survivor Benefit Plan (RCSBP) election instead of “Children Only.” _________________________________________________________________ APPLICANT CONTENDS THAT: He was miscounseled by his servicing Military Personnel Flight (MPF) following his 1999 marriage to his current wife and was not aware he had to update his RCSBP election within a year of his marriage. Further, he filled out the DD Form 2656, Data For Payment Of Retirement Personnel, and elected the “Spouse and Children” option when he out-processed for his 8 May 11 retirement. His election was processed through the Air Reserve Personnel Center (ARPC) but nothing was mentioned to the contrary. However, after reviewing his post-retirement pay stubs, he noticed the error in his RCSBP election. DFAS researched the issue and verified his election for “Spouse and Children” but found an earlier “Child Only” election from 1994. At the time, he attained 20 years of service, he was divorced from his first wife and had one dependent child. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, indicating the applicant had one year from the date of his marriage to add his spouse to his RCSBP election. He was notified of his eligibility to participate in the RCSBP and provided the RCSBP Information Package on 12 Aug 94 via certified mail. On 10 Oct 94, the applicant made a “Child Only” election. He married his current spouse on 26 Jan 99; however, he failed to notify ARPC of his marriage or request to update his election within one year of the marriage as dictated by Title 10, USC, Subsection 1448(a)(5)(B). A complete copy of the ARPC/DPTT evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant indicates there appears to be no evidence that he received and signed for the package sent by ARPC in 1994 outlining the requirement to update marriage records within one year. Had he been made aware of the requirement to do so, he would have updated his RCSBP election to add his current spouse within the required year. While he did go to the MPF in 1994 to accomplish his RCSBP election, the visit was not because he received the ARPC notification package, but was likely because he was scheduled for the visit by MPF personnel or was reminded to do so by other squadron members. Nevertheless, he submitted the appropriate information regarding his marriage to DEERS and he does have records that properly reflect he did so. Being that DEERS is the primary record keeping repository for the Air Force and Air National Guard, he rightfully assumed this information would be updated in all places. Lastly, he is unable to provide additional supporting information as a substantial portion of his military personnel records were destroyed by house fires. He contacted his former servicing MPF, but no one had any recollection of his 1994 visit. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an 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 (OPR) and adopt its rationale as the basis for our conclusion 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 the evidence presented did not demonstrate the existence of an 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-2012-03369 in Executive Session on 7 May 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Jun 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 6 Sep 12. Exhibit D. Letter, SAF/MRBR, dated 24 Sep 12. Exhibit E. Letter, Applicant, dated 27 Oct 12,w/atch. Panel Chair