RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00863
	XXXXXXX	COUNSEL: NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

1.  His records be corrected to add his spouse to his Reserve Component Survivor Benefit Plan (RCSBP).

2.  His daughter be removed as a beneficiary from his RCSBP.
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APPLICANT CONTENDS THAT:

Around the time he received his 20-year Retirement Letter at age 60, he was told that he had to make an election for the RCSBP or 
he would forfeit his rights.  Therefore, he selected his daughter so he would not lose his right to select the RCSBP if 
he were to re-marry.  He was told not that he could change his election at age 60.

In support of his request, the applicant provides a continuation sheet.

His complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air 
Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.
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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  DPTT states that on 23 Oct 2000, 
the applicant made an election of Option C, “Immediate Annuity, 
for Children Only.”  In accordance with Title 10 Subsection 
1448 (a) (S) (B) Malmer and time of election - "Such an election 
must be written, signed by the person making the election, and 
received by the Secretary concerned within one year after the 
date on which that person marries or acquires that dependent 
child."  He married on 21 Apr 2001; however, he failed to submit 
a valid election within the first year of his marriage as 
dictated by law.

The complete DPTT evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 Mar 2013, 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).

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant 
adding his spouse to his RCSBP.  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 the applicant has not been the victim of an error or injustice.  Regarding his request 
to remove his daughter from his RCSBP; according to the Defense Enrollment Eligibility Reporting System, it appears his daughter 
lost eligibility on 20 Jul 2013, due to age.  Therefore, his request is moot.  In view of the above and in the absence of 
evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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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.
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The following members of the Board considered this application in Executive Session on 7 Nov 2013, under the provisions of AFI 36-2603:

     , Panel Chair
      , Member
     Member

The following documentary evidence was considered in AFBCMR BC-2013-00863:

    Exhibit A.  DD Form 149, dated 9 Feb 2013, w/atch.
    Exhibit B.  Letter, ARPC/DPTT, dated 21 Mar 2013, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 22 Mar 2013.
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