RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01704
	XXXXXXX	COUNSEL: NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to show he made a timely election for spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP).
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APPLICANT CONTENDS THAT:

He originally made his RCSBP election in 2004.  On 21 Oct 2011, he was remarried.  He should be allowed to change his RCSBP election since his children are
 over the age of 19 and his divorce decree does not stipulate he provide SBP for his ex-wife.  On 1 Jul 2013, he retired and was told that he could 
enter a new SBP election within one year of his retirement.  He was waiting to complete his Department of Veterans Affairs 
disability process to determine which SBP plan he should select.  He was not aware that he was required to make a SBP election within one year of his 
marriage.

In support of his request, the applicant provides copies of his ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, Certificate of 
Marriage and Property Settlement and Custody Agreement. 

His complete submission, with attachments, 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 the applicant did 
not provide the Air Reserve Personnel Center (ARPC) a copy of 
his marriage certificate within the one year as dictated by law.  
He was not court ordered to provide former spouse coverage to 
his former spouse.  However, on 6 Dec 2004, he made a former 
spouse election under the RCSBP.  He can remove his former 
spouse at any time.  However, there are restrictions to add a 
spouse.  According Title 10,Subsection 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."  On 19 Mar 2012, the 
applicant contacted ARPC and he was instructed to provide ARPC 
with a copy of his current marriage certificate and a complete 
copy of his divorce decree so they could counsel him correctly 
about his options for updating his election.  The applicant did 
not provide the requested documents to ARPC within the timeframe 
prescribed by law.

The complete DPTT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 May 2013, a copy of the Air Force evaluation was forwarded 
to the member for review and comment within 30 days.  To date, a response has not been received (Exhibit C).
_______________________________________________________________

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.  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.  Therefore, 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 13 Dec 2013, under the provisions of AFI 36-2603:

     , Panel Chair
     , Member
     , Member

The following documentary evidence was considered in AFBCMR BC-2013-01704:

    Exhibit A.  DD Form 149, dated 2 Apr 2013, w/atchs.
    Exhibit B.  Letter, ARPC/DPTT, dated 9 May 2013, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 10 May 2013.
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