RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-00344

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) selection of 
Option C be changed to Option B.  


APPLICANT CONTENDS THAT:

At the time of his RCSBP election in Jul 11, he was divorced 
with children and was saturated with formal C-130 schooling, 
dating and getting remarried, and transitioning from the Air 
Force Reserve Command (AFRC) to the Air National Guard (ANG).  
He requests this change to ensure new wife gets his retirement 
annuity after his passing.

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


STATEMENT OF FACTS:

The applicant was commissioned with the Air Force Reserve on 
22 Sep 93.

On 10 Jun 95, according to the Defense Enrollment Eligibility 
Reporting System (DEERS), the applicant and former spouse were 
married.

On 25 Mar 09, according to the divorce decree, the applicant 
divorced with three minor children.

On 29 Dec 11, according to the marriage certificate, the 
applicant remarried.

On 2 Feb 15, a copy of the SBP affidavit was forwarded to the 
applicant for review, comment, and action within 30 days 
(Exhibit D).  

On 25 Feb 15, we received a copy of the applicant’s affidavit, 
signed and notarized (Exhibit E).

On 1 Jul 15, the applicant retired from the Air Force Reserve, 
awaiting retired pay at age 60.  The applicant’s Date of Birth 
is 7 May 67.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of 
an error or an injustice.  

DPTT questioned the applicant’s requested intention and after 
clarification with the applicant, verified he is requesting to 
change his coverage from “Child only” to Spouse and Child(ren).”  
On 3 Jul 11, the applicant was notified regarding his RCSBP 
eligibility, had 90 calendar days to make an election as 
prescribed by Title 10 USC §1448, and failed to make an 
election.  Because the applicant was not married at the time, he 
was automatically given an election of Option C, “Immediate 
annuity” for “Child only.”  On 31 Dec 11, the applicant 
remarried; however, he did not notify ARPC of a desired election 
change within the required one year in accordance with Title 10, 
USC §1448(a)(5)(B).  

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and 
argues he provided the Air Force prompt notification of his 
marriage and stepdaughter’s dependent status.  He also 
reiterates that it was an oversight on his part during a very 
busy time period in his life.  In support of his response, the 
applicant provided copies of previous correspondence.

The applicant’s complete response, with attachments, is at 
Exhibit G.


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, to include his 
rebuttal, 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 not been the victim of an error 
of injustice.  In this regard, we commend the effort made by 
ARPC to contact the applicant and verify the proposed injustice 
or error.  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-2015-00344 in Executive Session on 18 Nov 15 under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2015-00344 was considered:

	Exhibit A.  DD Form 149, dated 22 Jan 15, w/atchs.
	Exhibit B.  Applicant's Excerpt from Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 25 Feb 15.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Feb 15.
	Exhibit E.  Rebuttal w/Affidavit, Applicant, dated 17 Feb 
			15, w/atchs.
	Exhibit F.  Letter, SAF/MRBR, dated 23 Mar 15.
	Exhibit G.  Rebuttal, Applicant, dated 31 Mar 15 w/atchs.