RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00991 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reserve Component Survivor Benefit Plan (RCSBP) election be changed to reflect spouse and child coverage in the Jun/Jul 08 timeframe. APPLICANT CONTENDS THAT: He completed the required paperwork and faxed it to the appropriate office with along with his military spouse’s during her maternity leave. He received an "OK" transmittal record to ensure the fax had gone through. However, they noticed the error in the dates when reviewing their records and contacted the Air Reserve Personnel Center (ARPC) to find out why it had not been updated. He believes his paperwork was misplaced or lost due to the transition from hard copy records to electronic copy for the entire Air National Guard (ANG). He followed the appropriate procedures and met the required deadline and would like this error corrected so that he may ensure his children have coverage. The applicant’s complete submission is at Exhibit A. AIR FORCE EVALUATION: AFPC/DPTT recommends denial indicating the applicant did not notify the ARPC of his dependent change within the timeframe prescribed. In accordance with Title 10, Unites States Code U.S.C., 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 which that person marries or acquires the dependent child.” Because ARPC has no record of the applicant's dependent change within the required time frame, he is not eligible to add his newborn child onto his RCSBP. The complete DPTT evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He requests DPTT’s recommendation to deny his request to change his RCSBP election be overturned. DPTT stated that he had not turned in his election form within the required time frame. However, after 34 years in the ANG and his military spouse as the FSS Superintendent for 10 years he is well informed as to the requirement and accomplished the change request within the time frame. In Jun 14, they finally located a portion of the documentation that was faxed requesting his youngest child be added to his RCSBP election and have attached it as proof that he requested the change within one year. He is also aware of the numerous changes, most notably transitioning to electronic records that have gone on at ARPC year after year; however, he was not expecting that he and his spouse's requests would be denied due to the office misplacing his faxed request. He holds the Air Force Core Values in the highest regard and himself responsible for his actions and would not be applying for this correction had he not faxed in the change to his records in time. The applicant’s complete response, 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 timely filed. 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, including the applicant’s response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force Reserve office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-00991 in Executive Session on 16 Mar 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Mar 14. Exhibit B. Letter, ARPC/DPTT, dated 14 May 14. Exhibit C. Letter, SAF/MRBR, dated 30 May 14. Exhibit D. Letter, Applicant, undated, w/atchs.