RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDSIN THE MATTER OF: DOCKET NUMBER: BC-2007-03576 INDEX CODE: 137.00 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her former husband’s records be corrected to show he made an election for former spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: In accordance with their separation agreement, the former member was to take all the necessary steps to ensure his former spouse became eligible for RCSBP. He failed to do so before his death. In support of her request, the applicant provided a copy of her separation agreement, divorce decree, marriage certificate, and a copy of the former member’s death certificate.The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS:The parties were married in 1964 and divorced on 22 Dec 94. He elected RCSBP for the applicant. Appropriate RCSBP premiums were deducted from his retirement pay until his death on 2 Aug 06. Other relevant facts are outlined the ARPC/DPP opinion at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPP recommends denial. The former member was notified of his eligibility to participate in the RCSBP in 1993. DPP states that their system shows he filled out an ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, which reflects his election of Option CA, Immediate Annuity for spouse based on full retired pay. By law, the RCSBP election is irrevocable unless there is a change in marital status. If the member loses his spouse by death or divorce, he has one year to effect a change in his election.The former member divorced in 1994. However, the former member and his former spouse did not notify the appropriate office about the marital status changes within one year as required by law. The package that was sent to the former member clearly states that any life changing events must be reported to ARPC/DPP within one year of the event. According to Title 10, U.S.C., Section 1448(3)(A)(iii), 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.In 2002, the former member was sent a letter notifying him that he was eligible to apply for Reserve retired pay to be effective XXXXXXXX, his 60th birthday. When the former member filled out his application for retired pay he did not change his election to former spouse. Included with the letter was some general information on retired pay, the appropriate pay application forms, and information regarding his RCSBP election. The former member did not make an election at this time for former spouse coverage under the RCSBP. DPP states their records indicate that his retired pay order was published and his case forwarded to the Defense Finance and Accounting Service (DFAS) prior to his 60th birthday where his retired pay account was established. The complete ARPC/DPP evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 4 Jan 08 for review and comment within 30 days. As of this date, this office has not received a response. _________________________________________________________________ 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 error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case. We noted that the former member continued to pay the RCSBP premiums until his death which supports the belief that it was his intent to provide his former spouse the RCSBP annuity. Therefore, we recommend the records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he elected full and immediate coverage for former spouse only (Option CA) under the Reserve Component Survivor Benefit Plan effective 22 December 1994. _________________________________________________________________ The following members of the Board considered Docket Number BC-2007-03576 in Executive Session on 14 February 2008, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, w/atchs, dated 26 Oct 07. Exhibit B. HQ ARPC/DPP Memorandum, w/atchs, dated 10 Dec 07. Exhibit C. SAF/MRBR Letter, w/atch, dated 4 Jan 08. AFBCMR BC-2007-03576 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to XXXXXXX be corrected to show that he elected full and immediate coverage for former spouse only (Option CA)under the Reserve Component Survivor Benefit Plan effective 22 December 1994.