RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04087

                	         	COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit (RCSBP) election be changed to Option C:  “Immediate Annuity” for Spouse Only.

APPLICANT CONTENDS THAT:

He was married on 19 Jan 08 and had his military records updated to reflect this; however, no one informed him about updating his RCSBP.  

He reviewed his military record after retiring and found the error.

He hopes his spouse will not be denied benefits because he was not informed by his Military Personnel Flight.  

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

STATEMENT OF FACTS:

On 29 Dec 86, the applicant initially entered the Regular Air Force. 

On 14 Dec 96, the applicant was released from active duty and transferred to the Air National Guard after serving honorably for 9 years, 11 months and 16 days of active service.   

On 9 Mar 07, the applicant was notified of his eligibility for retired pay at age 60 and that he was eligible to participate in the RCSBP.  

On 6 Apr 07, the applicant acknowledged receipt for a RCSBP package detailing the plan and electing an option.  He did not respond, and as a result was automatically entered as electing Option A:  “Defer Making an Election until Age 60.”

On 19 Jan 08, the applicant was married. 

On 29 Apr 15, the applicant was transferred to the Air Force Retired List with 28 years of service for retired pay.

On 12 Jan 26 the applicant will reach the age of 60.

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 failed to update his RCSBP election within the one-year timeframe that is prescribed by law. 

If the Board decision is to grant relief, then the applicant’s military record should reflect that on 19 Jan 08 he changed his RCSBP election to Option C: “Immediate Annuity, Spouse Only” to coincide with his marriage. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3 Aug 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 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or 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-2015-04087 in Executive Session on 14 Dec 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04087 was considered:

	Exhibit A.  DD Form 149, dated 14 Sep 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 20 May 16.
	Exhibit D.  Letter, SAF/MRBR, dated 3 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.