RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00855 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His Reserve Component Survivor Benefit Plan (RCSBP) be changed from Option A, “Defer Making an Election Until Age 60” to Option C, “Immediate Annuity,” or Option B, “Deferred Annuity.”

APPLICANT CONTENDS THAT:
He was never properly informed about RCSBP coverage when enrolling his wife in Defense Enrollment Eligibility Reporting System (DEERS). When he completed 20 years in the USAF Reserve, he elected option “A” on his RCSBP. When he married in 2009, he immediately took his wife to the base to enroll her in DEERS and obtain an ID card for her. He assumed she was automatically covered by RCSBP in the event of his death. It was never brought to his attention he needed to make an election or change his RCSBP option; he only found out later, through a coworker, his RCSBP election was likely not conducted properly. Had he been properly informed, he would have elected option “C”.

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

STATEMENT OF FACTS:

The applicant is currently serving as a member of the Air Force Reserve in the grade of senior master sergeant (E-8).

On 17 Jan 08, the applicant was notified of his eligibility for retired pay when he attains age 60.

On 21 Feb 08, according to the applicant’s AFPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, he declared he was unmarried and without children and elected Option A (Defer Making an Election Until Age 60) coverage.

On 23 Sep 09, according to information provided by the applicant, the applicant and his current spouse were married. There is no record of the applicant changing his RCSBP election within one year of his marriage.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.

AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. The applicant made his initial SBP election on 21 Feb 08, electing Option A. “Defer to Make an Election Until Age 60.” He married on 23 Sep 09 and did not notify HQ ARPC of his desired election change within the required one-year timeframe. He stated he was unaware that he was supposed to make an RCSBP election and assumed coverage for his spouse was automatic. In accordance with Title 10, USC Subsection l448(a)($)(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 on which that person marries or acquires that dependent child.”

It is recommended to deny his request because there is no record of notification of the marriage within the required timeframe, and he is not eligible to change his RCSBP election. However, if the decision is to grant the relief sought, the records should be corrected to show the applicant made an election of Option C, “Immediate Annuity” for “Spouse Only” coverage, effective the date of marriage, 23 Sep 09.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19 Jun 15 for review and comment within 30 days (Exhibit D). 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.
1.	

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 OPR 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.

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-2015-00855 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-2015-00855 was considered:

Exhibit A.	DD Form 149, dated 24 Feb 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, ARPC/DPTT, dated 2 Jun 15. Exhibit D.	Letter, SAF/MRBR, dated 19 Jun 15