RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04644

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) be changed from spouse only to spouse and children coverage. 

APPLICANT CONTENDS THAT:

He did not know he had to make an election and thought his RCSBP would automatically update when he added his children to DEERS and obtained their ID Cards.

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

STATEMENT OF FACTS:

On 15 Oct 97, the applicant was relieved from his, then, current assignment and assigned to the Retired Reserve list awaiting pay at age 60 (27 May 17).  The applicant was credited with 20 years, 2 months and 25 days of satisfactory service based on his time in the Air Force Reserve, Air National Guard and the Navy.

On 29 Feb 00, the applicant made his initial RCSBP election for spouse only.

On 6 Nov 12, according to the documents submitted by the applicant his first daughter was born.

On 17 Aug 14, according to the documents submitted by the applicant his second daughter was born.

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 election within the prescribed timeframe after the birth of his dependent children.  Per Title 10, U.S.C., Subsection 1448(a)(5)(B), “Manner and time of election.  Such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date of which that person marries or acquires that dependent child.”

A complete copy of the ARPC/DPTT evaluation, with attachments, are at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 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 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of 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-2015-04644 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-2015-04644 was considered:

	Exhibit A.  DD Form 149, dated circa 10 Oct 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPTT, dated 15 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 9 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.