RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02896 

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The Reserve Component Survivor Benefit Plan (RCSBP) election for former spouse coverage be removed from his record.

APPLICANT CONTENDS THAT:

HQ ARPC erroneously initiated an election for RCSBP Former Spouse submitted by his former spouse.  His divorce decree did not require him to provide RCSBP coverage for his former spouse.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Illinois Air National Guard (ANG) in the rank of Chief Master Sergeant (CMSgt).

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

AIR FORCE EVALUATION:

ARPC/DPTT recommends granting the applicant’s request, indicating there is evidence of an error or injustice. 

The applicant and his former spouse were divorced on 5 Jan 09.  HQ ARPC received a DD Form DD 2656-10, Survivor Benefit Plan/Reserve Component SBP Request for Deemed Election, from the applicant’s former spouse electing to receive benefits for RCSBP in the event of the applicant’s death effective the date of their divorce.  After further review of the divorce decree, it was determined the DD Form 2656-10 submitted by the former spouse should not have been accepted since the divorce decree did not require the applicant to provide RCSBP coverage for his former spouse.

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 6 Jan 17, 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.  Sufficient 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 and 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 been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 5 January 2009, he elected Option A, “defer to make election until Age 60,” under the Reserve Component Survivor Benefit Plan (RCSBP).

The following members of the Board considered AFBCMR Docket Number BC-2016-02896 in Executive Session on 24 Oct 17, under the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-02896 was considered:

	Exhibit A.  DD Form 149, dated 13 Jul 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 31 Oct 16.
	Exhibit D.  Letter, SAF/MRBR, dated 6 Jan 17.

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.