RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01478 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be changed to show that: 1. He included his wife as the beneficiary on his Reserve Component Survivor Benefit Plan (RCSBP). 2. He selected option C, immediate coverage. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. As a member of the Air Force Reserve, he hit his 20-year mark on 10 February 2001. He was single at that time and heavy into training and deploying with his Security Forces Squadron. He has no knowledge of receiving any package, 20-year letter with instructions pertaining to RCSBP, or retirement information in the mail or email at that time. After 11 September 2001, he worked man-days at the base for the heightened security until he was activated under Title 10 orders on 9 November 2001. In August 2002, he deployed to Kuwait until December 2002. Upon his return, he married his fiancée on 14 December 2002. He continued to work the heightened security at the base until his orders ended in June 2003. He was not aware that his marriage changed his RCSBP retirement benefits. He was not advised of the change by the base customer service office when his wife was enrolled in the Defense Enrollment Eligibility Reporting System (DEERS)and added to his Service member Group Life Insurance (SGLI). Upon his retirement on 13 August 2012, he was informed that he had one year from the date of marriage to declare his wife to the Air Reserve Personnel Center (ARPC) and make a change to his RCSBP beneficiary election. 2. He requests a change in his RCSBP election to include his spouse and option C, immediate coverage, in the event of his death. He does not believe it is fair to have missed the chance to make a change to his RCSBP election from no dependents at the 20-year point to spouse coverage, option C, when he did not receive any information identifying the requirement to notify ARPC for life altering events. In support of his request, the applicant provides copies of his marriage license, notification of retirement eligibility letter, retirement order, and his 2001 thru 2003 DD From 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to documents extracted from the automated records management system (ARMS), the applicant enlisted in the Air Force Reserve on 10 February 1981. On 13 August 2012, he was released from his, then, current assignment and assigned to the HQ ARPC Retired Reserve section and placed on the Retired Reserve List awaiting retirement at age 60 (3 August 2019). ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTTR recommends denial. DPTTR states the applicant was notified of his eligibility to participate in the RCSBP on 21 May 2001, via certified mail. The election package was sent to the applicant's address and was signed for, by someone other than the applicant, on 30 May 2001. He did not make an election and as prescribed by Title 10 U.S.C. §1448, he was automatically enrolled into Option A, "Decline to Make an Election Until Age 60" effective 28 August 2001. The applicant’s record reflected he had no dependents at that time. The applicant was married on 14 December 2002. In accordance with (I(AW) Title 10 U.S.C. §1448 (a)(5)(B), Manner 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.” The applicant did not notify them of his marriage within the one-year timeframe as dictated by law. The complete ARPC/DPTTR evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 19 April 2013 for review and comment within 30 days (Exhibit C). To date, a response has not been received. 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 warranting corrective action in regard to the applicant’s election of Reserve Component Survivor Benefit Plan, spouse coverage. 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 neither the applicant nor the spouse submitted a valid election within the one-year period required by law to establish spouse coverage. 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 this application in Executive Session on 23 December 2013, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2013-01478: Exhibit A. DD Form 149 dated 19 March 2013, w/atchs. Exhibit C. Letter, ARPC/DPTT, dated 17 April 2013, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 19 April 2013. Panel Chair