RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04911

   						COUNSEL:  

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

1.  Her Reserve Component Survivor Benefit Plan (RCSBP) election of ”Insurable Interest,” be changed to “Child Only,” effective 15 May 96. (Administratively corrected)

2.  She be forgiven any debt resulting from incorrectly marking “Insurable Interest” instead of “Child Only” in 1996.  (Administratively corrected)

3.  The “Child Only” election be changed to “Spouse Only,” effective 12 Oct 97.  

APPLICANT CONTENDS:

She intended to select “Child Only” for her daughter on her initial RCSBP selection on 15 May 96.  She cannot explain why she chose “Insurable Interest.”  She feels she was let down, as no one explained the impact of her accidental “Insurable Interest” election.  She did not work hard in her 36 years of service to incur a 40 percent loss of premium per month for a total of 16 years due to filling a form out incorrectly.  Upon her marriage on 12 Oct 97, she properly updated her marital status in DEERS, Military Pay, and MILMOD at the Military Personnel Flight (MPF), and was convinced that process also updated RCSBP.  Had anyone told her RCSBP had to be updated separately, this error would not have occurred.  

Concerning the timing of her application, she had been working with ARPC up through 2015 to make this correction before applying to the AFBCMR.  

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

STATEMENT OF FACTS:

The applicant entered the Air Force Reserve on 15 Oct 75.

According to the documentation submitted by the applicant:

a.  On 20 May 96, the applicant completed an ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, listed her daughter as her dependent, and elected Option C (Immediate Annuity), and “Natural Person with Insurable Interest” coverage.  

b.  On 12 Oct 97, the applicant married her current husband. 

c.  On 15 Mar 12, after corresponding with ARPC, the applicant submitted a DD Form 2656-2, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, requesting her RCSBP be changed to “Immediate Annuity” with “Spouse Only” coverage.  (No change to her RCSBP was made.)  

d.  On 23 Oct 15, the applicant submitted a DD Form 2656-5 to ARPC, electing Option A, declining to make an election until age 60.    

e.  On 27 Oct 15, AFPC updated her record to Option A to stop the “Insurable Interest” option.  

Under Reserve Order EK-3053, dated 13 Mar 12, the applicant was transferred to the Retired Reserve, effective 26 Apr 12, awaiting retirement pay at the age of 60 on 26 Apr 17.  

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.  In accordance with Title 10 United States Code (USC), Subsection 1448(b)(1)(A), a person is only able to make an ”Insurable Interest” election if they have no eligible beneficiaries. Therefore, Headquarters Air Reserve Personnel Center was able to change the applicant’s initial election from “Insurable Interest” to “Child Only.”  However, in accordance with 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.”  Therefore, although we empathize with the applicant, we recommend denial of her request to change her RCSBP to “Spouse Only.”  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of her request, through counsel, the applicant submitted a rebuttal to the Air Force evaluation.  She accepted the administrative correction made to her record, and looks forward to the AFBCMR final decision. 

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude she is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2015-04911 in Executive Session on 4 Nov 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04911 was considered:

	Exhibit A.  DD Form 149, dated 16 Nov 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 4 Mar 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 2 May 16.
	Exhibit E.  Letter, Applicant, dated 16 May 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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.