ADDENDUM TO 
RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00212-2

	COUNSEL:  NONE 
 
 	HEARING:  YES 

THE APPLICANT REQUESTS:

The beneficiary on his Reserve Component Survivor Benefit Plan (RCSBP) be changed from “Child(ren) only” to “Spouse only.” 

RESUME OF THE CASE:

On 7 Mar 13, the Board considered and denied the applicant’s original request to make the same corrections to his records.  In the original case, the applicant contended he was never informed of the requirement to update his RCSBP after his marriage; and he did notify his Force Support Squadron (FSS) of his marriage; and, someone else signed for his certified mail with his RCSBP notification and he did not receive it.  The Board based their decision to deny, in part, on an ARPC/DPTT advisory which indicated the RCSBP process was followed correctly in compliance with Title 10, Subsection 448(a)(5)(B), and no error or injustice existed.  For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit G.
 
On 1 Aug 17, the applicant submitted a request for reconsideration of his original application reiterating the PS 3811, Domestic Return Receipt, was not signed by him, indicating he was never notified;  his servicing Force Support Squadron (FSS) did not inform him about changing/updating his RCSBP when he notified them of his marriage; and, he was in Iraq supporting Operation Iraqi Freedom during the time his RCSBP notification was sent.  He states he is submitting his CED and Special Orders showing he was in Iraq from Jan 08 through Jun 08, so he was not available to notify the RCSBP to update his beneficiaries.  In addition, he submits two letters of support—one from his deployed commander confirming he was in Iraq one year from the date of his marriage, and one from the NCOIC of his Force Management Office confirming he was not notified to updated RCSBP when he updated his marital status in DEERS.  The applicant’s complete submission, with attachments, is at Exhibit H.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denying the application.  Members of the Air Force Reserve and Air National Guard are sent a certified letter of their eligibility for RCSBP and an explanation of the program and guidance on making elections.  If there is no response, an automatic election is made on the member’s behalf.  In the applicant’s case, the PS 3811 acknowledging receipt of this notification (Atch 1) and guidance was signed on 1 Dec 06.  The packet was sent to his unit address due to the member having updated that address in Military Personnel Data System (MilPDS).  The applicant did not return the documentation with his desired election within the 90 day timeframe prescribed by law and was automatically enrolled under Option C, “Immediate annuity”, for “Child(ren) only”, effective 2 Mar 07 (Atch 2).   He later married on 31 Mar 07, and did not notify RCSBP within a year of his marriage.  Therefore, he is ineligible to change his election.

The applicant states when he went to his servicing FSS to update his marital status they did not inform him about updating his RCSBP.  It is not their responsibility to do so.  It is the member’s responsibility to ensure his information is correct and up-to-date.  The applicant also stated he was in Iraq at the time of notification.  However, both his DD Form 1351-2, Travel Voucher or Subvoucher, and Special Order R-G000075 clearly show his deployment dates were during the period  4 Jan 08 through 12 Jun 08, which are well outside of the 90-days from 1 Dec 06 and have no significant bearing on the automatic election.   Recommend denial of requested relief.  The complete advisory is at Exhibit I.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Jun 18 for comment (Exhibit J), but has received no response.

THE BOARD CONCLUDES:

1.  The application was timely filed.

2.  The applicant exhausted available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice.  While the Board notes the comments of ARPC/DPTT recommending the Board should deny relief, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  It appears the signature on the return receipt is not the signature of the applicant, creating significant doubt as to whether the applicant ever received the RCSBP package.  The Board believes the preponderance of the evidence supports the claim of the applicant that he was never informed about updating his RCSBP election.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant’s case is adequately documented and it has not been shown a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show on 31 March 2007, he elected Reserve Component Survivor Benefit Plan  Option C “Immediate Annuity” for “Spouse Only.”

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2013-00212-2 in Executive Session on 2 Aug 18:

Panel Chair
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, dated 23 Apr 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.
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