RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05178 

                         	COUNSEL:  NONE

                         	HEARING DESIRED: NO 

APPLICANT REQUESTS THAT:

She be designated as the beneficiary of her late husband’s military retirement (Reserve Component Survivor Benefit Plan) effective 11 Nov 15. 

APPLICANT CONTENDS THAT:

When her late husband retired from the Georgia Air National Guard (ANG) he was divorced and had no dependents.  His understanding was he would not be able to designate a beneficiary until age 60 when he started receiving retired pay. Because of this misunderstanding he did not designate a beneficiary. He passed away at the age of 58 on 11 Nov 15.

She was not aware until 4 Dec 15 that her late husband could have designated a beneficiary before the age of 60. 

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

STATEMENT OF FACTS:

On 12 Apr 02, the member was notified by ARPC/DPRR he was eligible to receive retired pay at age 60 and that he was eligible to participate in the Reserve Component Survivor Benefit Plan (RCSBP)  with detailed information on the RCSBP to be sent in 30 days.

On 15 Jul 02, the member was placed on the USAF Retired Reserve List with eligibility to receive retired pay at age 60.   

On 13 Feb 12, the applicant and member were married.

On 11 Nov 15, the member passed away.

On 25 Aug 16, the applicant completed a SBP-Marital Status Affidavit-Deceased Retiree stating the applicant and member were married on 13 Feb 12 and that she is not currently married (Exhibit C).

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 D.    

AIR FORCE EVALUATION:

ARPC/DPTTB recommends denial indicating there is no evidence of an error or an injustice. The member was eligible to make an RCSBP election on 29 Jun 02 and the personnel system reflects “Option Pending (SBP Forms Mailed)” on 29 Apr 02. Since the member did not have any eligible beneficiaries at the first time of his RCSBP eligibility his election would default to Option A:  “Defer Making an Election Until Age 60.”  However, when he remarried on 13 Feb 12 he did not update his RCSBP election designating the applicant as his RCSBP beneficiary within one-year from the date of their marriage as prescribed by law.

A complete copy of the ARPC/DPTTB evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 Jul 16, a former retired USAF member of the Georgia ANG and friend of the deceased member, provided a statement in behalf of the applicant.  He states the member told him numerous times he was advised by the Georgia ANG that, if he remarried, he could not designate a RCSBP beneficiary (the applicant) until he applied for retirement pay. He was given the same advice when he retired in 2006. The deceased member was terminally ill for two years but took the time to enter the applicant into DEERS and certainly would have made her the RCSBP annuitant if he was advised properly because he wanted to ensure she was taken care of (Exhibit F).  

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 of injustice. When the member remarried on 13 Feb 12 he did not update his RCSBP election designating the applicant as his RCSBP beneficiary within one-year from the date of their marriage as prescribed by law. 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-2015-05178 in Executive Session on 27 April 2017 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 4 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Applicant Affidavit, dated 25 Aug 16 
     Exhibit D.  Memorandum, ARPC/DPTTB, dated 5 May 16.
	Exhibit E.  Letter, SAF/MRBR, dated 5 Jul 16.
	Exhibit F.  Letter Supporting Applicant, dated 22 Jul 16.