RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	
			 DOCKET NUMBER:  BC-2014-
00201
		   COUNSEL:  NONE
		   HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

Her former spouse’s record be changed to show he elected former 
spouse coverage under the Reserve Component Survivor Benefit 
Plan (RCSBP).


APPLICANT CONTENDS THAT:

Her former spouse informed her that he did not elect her as his 
survivor beneficiary when he received his 20 year letter and 
election form.  However, he was ordered in their divorce decree 
to provide survivor benefits.  

The applicant's complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The service member and the applicant were married on 9 November 
1983.

The service member and the applicant divorced on 23 July 2007.

The service member’s current RCSBP election is for Option B, 
“Provide annuity at 60 if deceased prior to age 60” for Spouse 
only, dated 7 August 2001.  The election is no longer valid as 
the applicant and service member are now divorced.

Copies of the AFBCMR marital status affidavits were forwarded to 
the applicant and former military member on 15 January 2015, to 
verify if either has remarried since their divorce (Exhibit E).  

The applicant responded with a signed and notarized affidavit, 
dated 15 January 2015, which indicates that she has not 
remarried and her former spouse is not married (Exhibit F).



To date, a response from the former military member has not been 
received.


AIR FORCE EVALUATION:

AFPC/DPFFF recommends denial.  DPFFF states neither the service 
member nor the applicant notified ARPC of the marital status 
change within the required timeframe.  In accordance with DoD 
Financial Management Regulation (FMR) Vol 7B, Chapter 43, 
paragraph 4030503 (C)(2), “The request from the former spouse 
must be received by the Secretary concerned within one year of 
the date of the court order or filing involved” and Title 
10 U.S.C. Subsection 1448 (b)(3)(A)(iii), “Manner and time of 
election - any such election must be written, signed by the 
person making the election, and received by the Secretary 
concerned within one year after the date of the decree of 
divorce, dissolution, or annulment.”  They have no record of the 
applicant or the military member contacting ARPC requesting to 
make a former spouse election.

The Defense Finance and Accounting Service was contacted and 
they also had not received a deemed election request or any 
other documents from the applicant.

However, if the decision is to grant the relief sought, the 
records should be corrected to show the member elected Option B, 
“Provide annuity at 60 if deceased prior to age 60” for Former 
Spouse coverage effective the date of divorce, 23 July 2007.  
The service member must be made aware that he will still be 
responsible for the former spouse premiums this coverage will 
incur.

The complete DPFFF evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states she repeatedly sought and gained 
clarification from DFAS officials that she had provided the 
required notice.  She also verbally confirmed with ARPC that her 
former spouse indeed made the election prior to the one year 
time frame.  Since learning in September 2013 that DFAS claimed 
to not receive her deemed election, she immediately took 
remedial action to notify ARPC and DFAS of the error.  Of note, 
personnel from ARPC informed her that administrative mistakes 
were common and typically occurred.  She believes it would be 
unjust for her to suffer financial hardship due to 
administrative mishandling by ARPC and DFAS.



The applicant’s complete submission, with attachments, is at 
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 an injustice.  We took 
notice of the applicant's complete submission, to include her 
rebuttal comments, 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 the former member did not submit a 
valid election as required by law to establish former spouse 
coverage.  We further note that DFAS has no record of a deemed 
election request or any other documents from the applicant or 
service member.  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 an 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-2014-00201 in Executive Session on 29 December 2014, 
under the provisions of AFI 36-2603:










The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00201 was considered:

  Exhibit A.  DD Form 149, dated 9 January 2014, w/atchs.
  Exhibit B.  Letter, ARPC/DPTT, dated 12 February 2014, 
w/atchs.
  Exhibit C.  Letters, SAF/MRBR, dated 15 September 2014.
  Exhibit D.  Letter, Applicant, dated 9 October 2014, w/atchs.
  Exhibit E.  Marital Affidavits to Applicant and Former Service
              Member.
  Exhibit F.  Affidavit, Applicant, dated 15 January 2015.