RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04220

	COUNSEL: NONE

	HEARING: NO

APPLICANT’S REQUEST.  Rescind ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, dated 25 Jan 00, or in the alternative change the RCSBP election from Option C, Immediate Annuity to Option A, Defer Making an Election until Age 60, effective 23 Sep 10.

APPLICANT’S CONTENTION.  Her divorce was effective 23 Sep 10 and the property settlement agreement waived any and all interest in support, medical and life insurance, military retirement and any other retirement income.  Her former spouse has remarried.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant initially entered the Air Force Reserve on 19 Aug 77.  On 23 Dec 99, the applicant was notified she had completed the required years of service to be entitled to retired pay at age 60 and was eligible to participate in RCSBP.  On 21 Nov 03, the applicant was relieved from her assignment and placed on the 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.  According to Title 10, USC, Subsection 1448(b)(3)(A), “Manner and time of election.— Any such election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date of the decree of divorce, dissolution, or annulment.”

The applicant currently has Option C, Spouse Only RCSBP coverage.  In 2010, she was divorced and failed to advise HQ ARPC of her desire to change her election.  She is ineligible to change her election to suspend coverage.  The premiums will only be collected to the date of divorce.  However, if she remarries, the premiums will resume effective the date of remarriage.  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 16 Jan 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

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 ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.

THE BOARD RECOMMENDS:  The applicant be informed that the evidence did not demonstrate material error or injustice; the application was denied without a personal appearance; 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 AFBCMR Docket Number BC-2016-04220 in Executive Session on 22 Mar 18:

	, Panel Chair
	, Member
	, Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 17 Oct 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, AFPC/DP3SP, dated 21 Jun 17.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 6 Jan 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.