RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-00962

XXXX, XXXXX  	COUNSEL:  NONE

	HEARING:   NO

APPLICANT’S REQUEST.  Reinstatement of his Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT’S CONTENTION.  He declined the option and does not recall being told he could not revisit the decision later.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant was assigned to the Retired Reserve section and placed on the Air Force Reserve Retired List on 30 Nov 87 in the grade of lieutenant colonel.  According to the applicant’s DD Form 1883, SBP Election Certificate, dated 30 Jun 86, block 9c, he checked Option A, “Defer” and subsequently was divorced.  Thirteen years later, he married his current wife.  Headquarters Air Reserve Personnel Center was not notified of his remarriage nor his desire to change his election within the one-year timeframe prescribed by law.  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.  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.”  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 1 Feb 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES:

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 ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board notes that granting the applicant’s request would have imposed significant costs, as any benefit would have been contingent on recovery of significant unpaid premiums.  The applicant may be able to achieve his objective better by taking advantage of the next Open Season for SBP.
  
THE BOARD RECOMMENDS:  The applicant be informed 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-2017-00962 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: Applicant’s application, DD Form 149, dated 14 Jan 17, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, ARPC/DPTT, dated 6 Nov 17, w/atch.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 1 Feb 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.