RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05339

               		     COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His military record be corrected to show that on 11 Dec 12 he elected full coverage for his current spouse as the annuitant of his Survivor Benefit Plan (SBP). 

APPLICANT CONTENDS THAT:

When he remarried in Dec 12 he visited the United States Embassy in the Philippines to get his spouse an Identification Card and update his records with AFPC/ARPC personnel.  He was assured his personnel records would be updated.   

On his return to Okinawa he added his spouse to his civilian records and she was in-system.

In 2015 while working on claiming his retirement pay, he found out his spouse had not been added to his military record; however, ARPC took action to correct this.

In Oct 15, he met with an SBP counselor at Kadena AB and completed the paperwork for full SBP coverage for his spouse but was not informed he had missed a deadline for adding his spouse to the SBP.

He assumed all his records would be updated with his marriage.  He didn’t think about SBP until he got closer to drawing his retirement.

Working overseas made it difficult and frustrating to get answers until he started calling ARPC at midnight or later. During one of these calls he found out his spouse was not going to receive SBP benefits because it was one year past his marriage.  He believed once his marriage was updated all of his records would be updated 

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

STATEMENT OF FACTS:

On 25 Mar 97, the applicant was notified by HQ ARPC of his eligibility for retired pay at age 60.  The letter also advised him about the Reserve Component Survivor Benefit Plan (RCSBP) and to expect a package about the RCSBP in 30 days.  

On 29 May 05, the applicant was retired from the Colorado Air National Guard and transferred to the Air Force Reserve effective 30 May 05.

On 29 Sep 08, according to the ARPC/DPATT advisory, the applicant made an RCSBP election of Option C: “Immediate Annuity”, Spouse Only.” 

On 11 Dec 12, the applicant was remarried in the Philippines.

On 13 Oct 15, the applicant completed DD Form 2656, Data for Retired Personnel, electing in Item 26, Spouse Only coverage for the SBP at full gross pay. 

On 30 Nov 15, the applicant turned 60 years of age and was placed on the USAFR Retired last to receive retired pay. 

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.  On his remarriage, the applicant failed to change his RCSBP election to his current spouse within one-year from the time of his remarriage as required by law. However, since the member’s current election covers spouse only, in the event of his death, his current spouse would be entitled to his Survivor Benefit Plan.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 May 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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Although relief is not warranted because the applicant did not change his RCSBP election to his current spouse within the prescribed time as required by law, we do note in the event of his death, his current spouse would be entitled to his Survivor Benefit Plan.  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-2015-05339 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-2015-05339 was considered:

	Exhibit A.  DD Form 149, dated 4 Dec 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 10 Mar 2016.
	Exhibit D.  Letter, SAF/MRBR, dated 11 May 2016.

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 pertaining to AFBCMR Docket Number BC-2015-05339.