RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03154

                  		     COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:  

His Reserve Component Survivor Benefit Plan (RCSBP) be changed to “Immediate Annuity” Spouse only to coincide with his marriage.

APPLICANT CONTENDS THAT:

He remarried during his final year of service and did not change his RCSBP election in the year following his marriage.

His customer support section did not mention RCSBP.  He thought the change for his wife would be automatic.

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

STATEMENT OF FACTS:

On 19 Apr 02 the applicant was sent a Notification of Eligibility for Retired Pay at Age 60 letter.  

On 30 May 02, the applicant received by certified mail the information on the RCSBP. 

On 30 May 02, according to ARPC/DPTT, the applicant elected the RCSBP option “Defer Making an Election until Age 60.”

On 26 May 12, according to the applicant, he remarried, but failed to update his RCSBP election for his spouse within one-year of his marriage.

On 1 Nov 14, per Reserve Order EK-4125, dated 14 May 14, the applicant was relieved from the Selected Reserve and assigned to the Retired Reserve Section.

The applicant reaches age 60 in 2021.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, 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 did not change his RCSBP election within the one-year time limit after the date of marriage as specified in Title 10, USC 1448. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the SAF/MRBR letter providing the ARPC/DPTT evaluation, the applicant states he does not recall turning down RCSBP when he married his current spouse in 2012 or receiving any notification to update his RCSBP.  He thought the coverage was automatic.  The applicant states he was deployed the year after his marriage.  He believes military members should be grandfathered or forgiven in these cases because of the frequent TDYs and deployment activities they experience.

The applicant’s complete response 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 the 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.  The applicant, in May 2002, initially elected to defer his RCSBP election until age 60, and then later failed to take action, as required by law, to change this election within one-year following his marriage. 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-2015-03154 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-2015-03154 was considered:

	Exhibit A.  DD Form 149, dated 21 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 24 Feb 16.
     Exhibit E.  Letter, Applicant’s Rebuttal, dated 9 Mar 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.