RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01478

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her records be corrected to reflect she changed her Reserve Component Survivor Benefit Plan (RCSBP) coverage from “Child Only” to “Spouse Only” effective the date of her marriage, 26 Oct 13.  


APPLICANT CONTENDS THAT:

After her 26 Oct 13 marriage, she visited her Military Personnel Flight (MPF) offices (active duty and Reserve) to update all documentation needed to reflect this change.  She specifically asked if all documentation changes were complete, and was told YES, by both offices; only to find out during her retirement out-processing in Mar 15, that no change had been made to her SBP forms reflecting a change from “Child Only” to “Spouse Only.”   

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


STATEMENT OF FACTS:

On 30 Mar 15, according to documents provided by the applicant, she signed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, requesting a change in coverage to “Spouse Only,” based on her 26 Oct 13 remarriage.  

On 1 Sep 15, the applicant was relieved from current assignment, assigned to the Retired Reserve Section and placed on the Air Force Reserve Retired List awaiting retirement pay at age 60 (9 Feb 2024).  

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 married on 26 Oct 13 and there is no record of notification to HQ ARPC of her desired election change within the required time in accordance with Title 10, USC 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 on which that person marries or acquires that dependent child.”  Therefore, she is not eligible to change her RCSBP election.  

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 31 Jul 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.

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 (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-2015-01478 in Executive Session on 11 May 16 under the provisions of AFI 36-2603:

	

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01478 was considered:

	Exhibit A.  DD Form 149, dated 30 Mar 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 29 Apr 15, 
			  w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Jul 15.