ADDENDUM TO
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).

STATEMENT OF FACTS:

On 29 December 2014, the Board considered and denied the applicant’s request that her former spouse’s record be changed to show he elected former spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP).  For an accounting of the facts and circumstances surrounding the rationale of the earlier decision by the Board, see the Record of Proceedings, with attachments, at Exhibit G.

In an application dated 18 February 2016, the applicant seeks reconsideration of her earlier request.  She states that she notified DFAS by certified mail and fax of her deemed election within the requisite one-year timeframe.  She repeatedly sought and gained clarification from DFAS officials that she had provided the required notice.

The applicant’s complete submission, with attachments, is at Exhibit H.

THE BOARD CONCLUDES THAT:

Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence in this case, we are persuaded that relief is warranted.   While we note the applicant’s previous request was denied based on insufficient evidence to show the service member or the applicant submitted a valid election within one year following their divorce, we believe corrective action is warranted based on the detailed documentation provided by the applicant; specifically the letter from DFAS, dated 2 April 2015, and certified mail receipts).  The documentation provided shows the applicant submitted a valid election to DFAS before the end of the one year requirement by law.  Therefore, we believe due to administrative errors and through no fault of the applicant, the election was not processed within the required time by law. Therefore, we believe this to be an injustice and recommend the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the FORMER SERVICE MEMBER be corrected to show that on 24 July 2007, the APPLICANT submitted a valid deemed election request for former spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP), based on full retired pay.

The following members of the Board considered AFBCMR Docket Number BC-2014-00201 in Executive Session on 24 October 2017 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

   Exhibit G.  Record of Proceedings, dated 4 February 2014,
	w/atchs.
   Exhibit H.  DD Form 149, dated 18 February 2016, w/atchs.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.