RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03793

	COUNSEL: NONE
	
	HEARING: NO

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) be changed to reflect “Spouse Coverage” instead of “Child Coverage.” 

 APPLICANT CONTENDS THAT:

He was not informed by Military Personnel Squadron (MPS) Customer Service that he needed to update his RCSBP beneficiary from “Child Only” to “Spouse and Child (ren),” after his 25 Jun 05 marriage.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 12 Apr 04, the applicant submitted ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, identifying he was not married, and he had two dependent children as beneficiaries.  

.On 25 Jun 05, according to documents submitted by the applicant, he was married.  

On 1 Aug 16, the applicant was relieved from his current assignment, assigned to the Retired Reserve Section and placed on the USAF Reserve Retired List.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denying the application.  On 12 Apr 04, the applicant made his RCSBP election for “Option C, immediate annuity to be paid on the day after the date of death” for “Child only.”  He was unmarried at the time of his election eligibility and elected for his child to receive the benefit.  Upon marriage on 25 Jun 05, he did not change his desired election to cover his spouse.  Per 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.”(Atch 2).  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 15 Sep 17 for comment (Exhibit D), and the applicant replied on 12 Oct 17.  In his response, the applicant contended it appears it has been determined to deny him the opportunity to change his RCSBP.  He reiterates his contention that how can he be expected to do what is necessary (update his RCSBP beneficiary when he remarried) in a timely manner when he wasn’t told verbally or given guidance that this needed to be done within one year of a change in his life status.  He offers additional supportive reasons by listing five alleged incidents occurring during the matter in question.  The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03793 in Executive Session on 15 May 18.

, Panel Chair 
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 10 Jul 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 21 Nov 16.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 15 Sep 17.
Exhibit E:	Applicant’s response, dated 12 Oct 17.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9, pertaining to Docket Number BC-2016-03793.