RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2014-05176

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His spouse be designated as his Reserve Component Survivor 
Benefit Plan (RCSBP) beneficiary, Option C, Immediate Annuity.


APPLICANT CONTENDS THAT:

He was divorced at the time he reached 20 years of satisfactory 
service in the Air National Guard (ANG).  His RCSBP election was 
Option C, child only coverage, effective 2 June 2005.  

He was under the impression he had taken the required steps to 
change his RCSBP election to his spouse upon his marriage on 
31 December 2009.  

He is retiring effective 31 December 2014 and requests his wife 
be designated his RCSBP beneficiary.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant was retired on 30 December 2014, 60th birthday, in 
the grade of Master Sergeant (MSgt, E-7).  


AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  The applicant was married at the 
time of his initial election and subsequently divorced and 
changed his election on 2 June 2005 to Option C, Immediate 
annuity for child only.  He remarried on 31 December 2009 but 
did not notify ARPC of his desired election change within the 
required time frame.  In accordance with 10 U.S.C. § 
1448(a)(5)(B), an election must be written, signed by the person 
making election, and received by the Secretary concerned within 
one year after the date which the person marries or acquires the 
dependent child.  Because there is no record of notification of 
the applicant’s dependent change within the required timeframe, 
he is not eligible to change his RCSBP election to reflect his 
spouse.  

A complete copy of the ARPC/DPTT evaluation, with attachments, 
is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 3 March 2015 for review and comment within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.


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 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 failed to sustain his burden of proof that he was 
the victim of an error or injustice.  Therefore, in the absence 
of evidence to the contrary, we find no basis to recommend 
granting the requested relief.


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-2014-05176 in Executive Session on 18 August 2015 
under the provisions of AFI 36-2603:

	 , Vice Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 10 December 2014, w/atch.
	Exhibit B.  Memorandum, ARPC/DPTT, dated 10 February 2015, 	
			  w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 3 March 2015.