RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03032

              		          COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) be corrected to include his wife and dependent children (spouse and children) as beneficiaries. 

APPLICANT CONTENDS THAT:

He retired in March 2010. At that time he was not married but did marry in December 2010.  

He was not aware his RCSBP needed to be updated to add his wife and children to receive RCSBP benefits in the event of his death. 

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

STATEMENT OF FACTS:

On 24 Feb 04 the applicant was sent a Notification of Retired Pay at Age 60 letter.  The letter advised the applicant he was eligible to participate in the RCSBP and he should receive detailed information about the plan by certified mail in about 60 days.

The applicant was honorably discharged from the Iowa ANG on 15 Mar 10 and transferred to the Retired Reserve effective 16 Mar 10.

The applicant reaches age 60 on 22 Sep 2023.

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 was notified on 26 May 04 about his RCSBP eligibility.  The applicant was automatically entered as “Defer Making an Election at Age 60” because he did not respond to make an RCSBP election notification letter and he had no beneficiaries.   Title 10 USC specifies that an election must be made within one-year after the date of marriage or acquiring a dependent child.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant acknowledges receiving the May 2004 RCSBP notification letter and does not dispute the requirement to notify the Air Force about his marriage and dependent children within the time specified.  The applicant also states he doesn’t recall any counseling about RCSBP at his retirement in 2010. If his request is denied, the applicant would like to know if he can change his RCSBP election at age 60.

A complete copy of the applicant’s rebuttal is at Exhibit E.
________________________________________________________________

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. We empathize with the applicant’s concern for his family and ensuring for their welfare; however, the election change was not made within the time prescribed. The Board notes that the applicant can redress his RCSBP options at age 60 and change his election as desired at that time.  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-2015-03032 in Executive Session on 4 Nov 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03032 was considered:

	Exhibit A.  DD Form 149, dated 16 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 19 Nov 15.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 16.
     Exhibit E.  Applicant’s Rebuttal, 11 Feb 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.