RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04786

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His record be corrected to accurately reflect the change he made to his DD Form 2656-6[5], Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, in September 2005. 

APPLICANT CONTENDS THAT:

He sent in the appropriate documentation required to change his RCSBP election and it was never updated.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 Oct 80.

On 03 Jul 86, the applicant was furnished an honorable discharge, and was credited with 5 years, 8 months, and 11 days of active service; however, he continued to affiliate with the Reserve Component.   

On 20 Apr 90, according to the Defense Enrollment Eligibility Reporting System (DEERS), the applicant was married.  

On 29 Jul 02, the applicant was notified of his eligibility for retired pay at age 60 and RCSBP participation.

On 15 Aug 02, the applicant completed his RCSBP form electing Option C, spouse and child coverage.  

On 6 Jul 04, according to DEERS, the applicant divorced.  

On 4 Sep 05, according to State of Florida Marriage Record submitted by the applicant and DEERS, he remarried.  

On 7 Jan 16, the applicant was assigned to the Retired Reserve.  

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/DPTTB recommends denial indicating there is no evidence of an error or an injustice.  The applicant’s record contains no documents to support his claim he submitted all required documents following his remarriage.  Per Title 10, USC 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 on which that person marries or acquires that dependent child.”  Even though, an election of Option C, “Immediate Annuity” for “Child Only” was updated on 11 Aug 05, his record contains no source documents to support this election; therefore ARPC/DPTTB deems this update as erroneous.  The applicant’s RCSBP election has reverted back to the original election of Option C, “Immediate Annuity” for “Spouse and Child” effective 7 Aug 02.  However, since the member’s current election covers spouse and child, in the event of his death, his current spouse would be entitled to his RCSBP.

A complete copy of the ARPC/DPTTB evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice and find the applicant provided no evidence he made an election within one year after the date he remarried.  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-2015-04786 in Executive Session on 7 March 2017 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04786 was considered:

	Exhibit A.  DD Form 149, dated 6 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTTB, dated 10 May 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 21 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.