RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05395

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) be changed from Option C, “Immediate Annuity” for “Child Only” to  Option C, “Immediate Annuity” for “Spouse Only” effective the date of marriage, 14 May 11.

APPLICANT CONTENDS THAT:

He did not receive any assistance in completing the ARPC Form 123
Reserve Component Survivor Benefit Plan Election Certificate, and was confused on how to fill it out (6 Jan 06).  Subsequently (2012 – 2015), he made changes (divorce, remarriage, adoption) with the Department of Veteran’s Affairs (DVA), and assumed those updates to his VA records would update his military records, to include his SBP documentation, as well.  He now realizes this was a misunderstanding.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 16 May 89.

On 16 May 05, the applicant was assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List effective 16 May 05. 

On 6 Jan 06, the applicant made his initial RCSBP election of Option C, “Immediate Annuity” for “Child Only” on the ARPC Form 123.      

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 made his initial RCSBP election of Option C, “Immediate Annuity” for “Child Only” on the ARPC Form 123,  effective 6 Jan 06 (Atch 1). He alleges he did not receive any assistance in completing the form.  Upon remarriage on 14 May 11, he failed to contact their office to make his desired election within the 1 year timeframe prescribed by Title 10, USC, Subsection 1448(a)(5)(B) (Atch 2).  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant refutes virtually every point made by the OPR and argues that he understands that per Title 10, USC, Subsection 1448 (a)(5){B), the manner and time of election was not met, but this is not from lack of trying.  He reiterates that he provided proof this first attempt to change and correct his RCSBP documentation was 17 Jan 12, and this was within one year of his remarriage, and that he was under the impression that all of his VA Record updates were tied directly to his military personnel records. He feels that it is unfair and unjust not to correct his RCSBP election.

A complete copy of the applicant’s rebuttal is at Exhibit E.  

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was not 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, to include his rebuttal; 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-2015-05395 in Executive Session on 27 Apr 17 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 26 Apr 16.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Jul 16.
	Exhibit E.  Letter, Applicant, dated 18 Jul 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.