RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01662 HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: Her deceased spouse’s record be changed to show he elected former spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). ________________________________________________________________ _ APPLICANT CONTENDS THAT: Domestic issues led to their divorce. There were no behavioral changes made by her former spouse to reconcile their marriage. In support of the applicant’s appeal she provides a copy of the death certificate, marriage certificate, petition for divorce and other documentation. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant and the decedent were married on 28 May 1994. On 21 June 2006, the applicant was notified regarding his eligibility to participate in the RCSBP via certified mail. He did not respond within the 90-day period dictated by law and was automatically covered under Option C, “Immediate Annuity for Spouse and Child”. Records indicate the applicant was married with dependent children during this time. The applicant and the decedent divorced on 25 June 2010. The decedent died on 13 November 2012. The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. ________________________________________________________________ _ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states they were not notified of the marital change until the former service member passed away on 13 November 2012. The service member’s spousal coverage was terminated due to ineligibility and changed to reflect Option C - “Immediate Annuity for Child Only” dated 25 June 2010. The applicant stated she is entitled to RCSBP based on the ongoing domestic abuse incidents with the former service member. The Order of Protection and Restraining Order addressed the applicant’s protection from abuse. Prescribed by DoD Financial Management Regulation, Volume 7B, Chapter 59, Section 590403A, “A former spouse or spouse, while receiving payments under this chapter shall be entitled to receive medical and dental care, commissary and exchange privileges, and other benefits a spouse or former spouse of a retired member may be entitled in the manner as if the member or former spouse were entitled to receive pay. This entitlement includes the right to SBP, so long as the spouse or former spouse is an eligible beneficiary to Title 10 U.S.C. 1448.” Per U.S.C., Title 10, Subsection 1448, the applicant is not eligible for coverage under RCSBP. The divorce decree did not award former spouse coverage under the RCSBP as dictated by law. The complete DPTT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 31 May 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ 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 an error or an 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 and adopt its rationale as the basis for our conclusion the applicant has failed to sustain her burden of proof of the existence 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-2013-01662 in Executive Session on 16 January 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 April 2013, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 17 May 2013, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 31 May 2013. 2 3 4