RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05054
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be changed to show he elected child only coverage 
under the Reserve Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

When his son was born he failed to add him as a dependent.  He 
is now divorced and unable to leave his survivor benefits to his 
son.

In support of the applicant’s appeal he provides a copy of a 
certificate of live birth.

The applicant's complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force at 
Exhibit B.

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  DPTT states based on the 
information provided, the applicant did not elect to add his 
dependent son within the one-year time period as prescribed by 
U.S.C. Title 10 Section 1448(3)(A)(iii). 

The applicant was notified of his eligibility to participate in 
the RCSBP via certified mail on 22 April 1996.  Their records 
show that he filled-out his ARPC Form 123, Reserve Component 
Survivor Benefit Plan Election Certificate, which reflects his 
election of Option C, “Immediate Annuity for Spouse Only” dated 
13 May 1996.  During this time, the applicant was married with 
no dependent children. 

The applicant acquired a dependent son on 6 July 2000 and their 
office was not notified of the birth of his son within one year 
as required by law.  According to Title 10, USC, 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 event.  The 
RCSBP information package sent to the applicant stated that any 
life changing events must be reported to this office within one 
year of the event.

The applicant divorced his spouse on 5 December 2011.  The court 
did not award former spouse coverage under the RCSBP.  The 
applicant requested to change his RCSBP coverage within one year 
of the divorce as required by law Title 10, USC, Section 1448. 
This headquarters terminated the applicant’s RCSBP spousal 
coverage due to his former spouse’s ineligibility.  The 
applicant’s election was updated to reflect Option A, “Decline 
To Make An Election Until Age 60” dated 5 December 2011.



The complete DPTT evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 December 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office. 

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has failed to sustain his burden of proof of the 
existence of an error or injustice.  Therefore, in the absence 
of evidence to the contrary, we find no basis to recommend 
granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05054 in Executive Session on 20 August 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 23 October 2012, w/atch.
  Exhibit B.  Letter, ARPC/DPTT, dated 18 December 2012,
              w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 21 December 2012.