RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02040

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

Her records be corrected to reflect she selected Option C, “Immediate Annuity” for “Spouse Only,” pertaining to the Reserve Component Survivor Benefit Plan (RCSBP).   

APPLICANT CONTENDS THAT:

As an Air Force Reserve Individual Mobilization Augmentee (IMA) and assigned to the Defense Logistics Agency (DLA), a non-AF unit, she did not receive guidance regarding the need to update/change her RCSBP within 12 months of her marriage.  Additionally, being in a same-sex marriage, information of benefits was extremely limited.   

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

STATEMENT OF FACTS:

On 22 Jan 03, the applicant completed and signed ARPC Form 123, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate.  She declined to make election since she did not have eligible dependents.  According to ARPC/DPTTB, completing/signing the initial ARPC Form 123, RCSBP election package, is confirmation of receipt/understanding of RCSBP guidance (Exhibit F).  

On 13 May 10, 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 (29 Mar 20).  

On 10 Aug 13, according to documentation submitted by the applicant, she was married.  

On 9 Aug 16, the AFBCMR sent the applicant a copy of ARPC/DPTTB’s email with attached AF Form 123.  As of this date, no response has been received (Exhibit G).  

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.  A review of the applicant’s official military personnel records revealed there is no document reflecting the applicant’s marital status was changed within the required time frame (within one year after the date of marriage) in accordance with (IAW) Title 10, USC, Subsection 1448 (a)(5)(B) (attached to advisory). Therefore, she is not eligible to change her RCSBP election at this time.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterated her DD Form 149 contention that she was unaware of the 12-month rule for spouse benefits.  She opines that had there not been a lag in states accepting same-sex partner opportunities, more information may have been available to her.  

A complete copy of the Applicant’s response to the Air Force Evaluation is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION:

ARPC/DPTT provided a copy of the applicant’s ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, which indicates she was notified of her options under the RCSBP.  On 22 Jan 03, she filled out and signed the ARPC Form 123, electing Option A “I decline to make an election until age 60” and, additionally, declined supplemental coverage for spouse/former spouse.  

A complete copy of the ARPC/DPTT correspondence, with attachments is at Exhibit F.

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the additional Air Force evaluation was forwarded to the applicant on 9 Aug 16, for review and comment within 30 days (Exhibit G).  To date, this office has not received a response.  

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, to include her response to the Air Force Evaluation; however, we do not find the evidence submitted sufficiently persuasive to override the rationale expressed by the Air Force office of primary responsibility (OPR).  In this respect we note that neither the applicant nor the spouse submitted a valid election within the one-year period of marital status change required by law to establish spouse coverage.  Therefore, we agree with the Air Force OPR’s opinion and recommendation and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain her burden that she has suffered either an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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-2015-02040 in Executive Session on 28 Jun 16 under the provisions of AFI 36-2603:

	
The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02040 was considered:

	Exhibit A.  DD Form 149, dated 12 May 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 29 Jun 15.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Oct 15.
	Exhibit E.  Letter, Applicant, dated 14 Oct 15.  
	Exhibit F.  Email, ARPC/DPTTB, dated 7 Aug 16.
	Exhibit G.  Letter, AFBCMR, dated 9 Aug 16.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.