RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03980

               		     COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His spouse be designated as his Reserve Component Survivor Benefit Plan (RCSBP) beneficiary.

APPLICANT CONTENDS THAT:

He was not married at the time he completed 20-years of service.  He also received a package (RCSBP) in Jan 96 but took no action because he was still not married.

He was married in Jun 97 and thought he could make an SBP designation at a later time.

He has been told he would have to wait for an open season to enroll his spouse.  However, as he approaches 60 he is worried if something happens to him now his spouse will be left with no Survivor Benefit annuity. 

In April 2001, his son was born, and did not know nor was notified to make any possible changes to his SBP program.

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

STATEMENT OF FACTS:

On 1 December 1995, the applicant was notified of his eligibility for retired pay at age 60 and that he would receive a RCSBP package in the next 30 days. 

On 22 April 1996, the applicant’s RSBP election was automatically made for Option A: “Defer Making an Election to Age 60” because the applicant did not respond.  

The applicant was married on 7 June 1997.

The applicant, according to Reserve Order EK-5839, dated 1 September 2010, was placed on the Retired Reserve List, in the grade of Senior Master Sergeant, effective 20 September 2010.  The order states the applicant was eligible for retired pay except for attainment of eligibility age.   

The applicant will be 60 years of age on 5 September 2017.

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 eligible to make his RCSBP election on 24 Jan 96 but did not respond and had no beneficiaries.  As a result, his RCSBP election was automatically made Option A: “Defer Making an Election to Age 60.” Per Title 10, the applicant had one-year from his marriage on 7 Jun 97 to change this election to Option C: “Immediate Annuity” “Spouse Only” and then to “Spouse and Child” adding his son within one-year following his birth on 22 May 01. 

If the Board decides to grant relief the applicant’s record should be corrected to show the applicant elected ‘Immediate Annuity” “Spouse Only” effective on the date of marriage 7 Jun 97 and then elected “Spouse and Child” effective the date of birth on 22 May 01.

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 6 Jun 16 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.  

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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  In this regard, the applicant did not ask for a change in his RCSBP beneficiary election within one-year, as required by law, from the date of his marriage.  Similarly, the applicant did not add his son by changing his RCSBP election within one-year following his birth.  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-2015-03980 in Executive Session on 14 Dec 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 28 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Jun 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.