UNITED STATES AIR FORCE
BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04528

COUNSEL: NONE

HEARING: NO

APPLICANT REQUESTS THAT:

He be allowed to change his election under the Reserve Component Survivor Benefit Plan (RCSBP) from Option C – “Immediate Annuity – Spouse-Only,” to Option A - “Defer Making an Election Until Age 60.”

APPLICANT CONTENDS THAT:

He was not married at the time this option was chosen for him.	The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force chief master sergeant. 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.  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 19 Dec 17 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.	The application was not 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

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ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions. The Board notes the applicant may be able to take advantage of future Open Season election periods, should Congress make them available. The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR). While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable. The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay. Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT: The applicant be informed the application was not timely filed; it would not be in the interest of justice to excuse the delay; 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-2016-04528 in Executive Session on 29 Mar 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, dated 4 Nov 16.
Exhibit B: Documentary evidence, including excerpts from official records. Exhibit C: Advisory opinion, ARPC/DPTT dated 1 Nov 17.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 19 Dec 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.

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