RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02817 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His current spouse be added to his Reserve Component Survivor Benefit Plan (RCSBP) selection instead of “Decline to make an election until age 60.” ________________________________________________________________ APPLICANT CONTENDS THAT: After his divorce from his ex-wife, he elected to make his SBP decision at the age of 60 due to being unclear about his future. He remarried in 2010 and was not made aware that he could change his election at that time. The applicant’s complete submission, with attachment is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 13 Jun 13, the applicant was relieved from active duty and transferred to the Air Force Retired Reserve, effective 1 Jul 13. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, indicating the applicant had one year from the date of his marriage to add his spouse to his RCSBP election. He was notified of his eligibility to participate in the RCSBP via certified mail. On 10 Nov 01, the applicant made an “Immediate Annuity – Spouse Only” election. On 10 Mar 08, the applicant divorced his former spouse. The court did not award former spouse coverage under the RCSBP. On 25 Jun 09, his spousal coverage was terminated and updated to reflect “Decline to make an election until age 60.” He married his current spouse on 26 May 10; however, he failed to notify ARPC of his marriage or request to update his election within one year of the marriage as dictated by Title 10, USC, Subsection 1448(a)(5)(B). A complete copy of the DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Aug 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 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 (OPR) 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. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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-2013-02817 in Executive Session on 29 May 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02817 was considered: Exhibit A. DD Form 149, dated 6 Jun 13, w/atch. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, ARPC/DPTT, dated 9 Jul 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 23 Aug 13. 1 2