RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-05255
		COUNSEL: NONE
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to show that he made a timely election 
for “spouse only” coverage under the Reserve Component Survivor 
Benefit Plan (RCSBP).

_______________________________________________________________

APPLICANT CONTENDS THAT:

He never received the paperwork because it was sent to the 
wrong address.

The applicant provides no documents in support of his request.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force.  Accordingly, there is no need to recite these facts in 
this Record of Proceedings.

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  DPTT states that the applicant 
was notified of his eligibility to participate in the RCSBP via 
certified mail on 2 Mar 2000.  The election package was sent to 
the member’s address; however, he made no election.  Therefore, 
as prescribed by Title 10, U.S.C., §1448, he was automatically 
enrolled into Option A, “Decline to make an election until age 
60,” effective 31 May 2000.

On 9 Sep 2000, the applicant married; however, he did not 
request to update his RCSBP election within one year of his 
marriage.  As required by Title 10, U.S.C., §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 which that 
person marries or acquires that dependent child." DPTT has no 
record the applicant contacted their office in order to add his 
spouse to his RCSBP.  Moreover, he was afforded one opportunity 
to upgrade his election after the original election.  On 1 Oct 
2005 through 30 Sep 2006 congress declared this timeframe a SBP 
Open Enrollment Season.  Members, who previously elected less 
than full coverage or no coverage for their spouse/children, 
were afforded the opportunity to change their election to cover 
their families.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

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

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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 not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.  Insufficient 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; 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 not 
been the victim 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.

_______________________________________________________________

THE BOARD DETERMINES THAT:

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

_______________________________________________________________

The following members of the Board considered this application 
in Executive Session on 31 Jul 2013, under the provisions of 
AFI 36-2603:

      , Panel Chair 
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-
2012-05255:

    Exhibit A.  DD Form 149, dated 4 Nov 2012.
    Exhibit B.  Letter, ARPC/DPTT, undated, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 21Dec 2012, w/atch.