RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05401
		COUNSEL:  NONE
		HEARING DESIRED:  NO
	

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he modified his children 
only Reserve Component Survivor Benefit Plan (RCSBP) coverage to 
spouse and children.

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APPLICANT CONTENDS THAT:

He was never counseled nor made aware he had to update his RCSBP 
election within a year of his marriage.  He never received any 
paperwork notifying him of this requirement and he was under the 
impression his wife was added to the plan when he updated his 
marital status.

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

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are described 
in the letter prepared by the Air Force office of primary 
responsibility which is included at Exhibit C.  

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of 
an error or injustice.  The applicant was notified of his 
eligibility to participate in the RCSBP and made an election for 
full coverage for his spouse and children on 1 Feb 88.  He was 
divorced on 10 Feb 03 and notified ARPC of said divorce within 
one year that he wanted to change his election from Spouse and 
Children to Children Only.  The applicant subsequently re-
married but failed to request coverage for his new spouse within 
the one-year period required by Title 10, United States Code 
(U.S.C.), Section 1448(a)(5)(B).  On 24 Nov 04, the applicant 
applied for reserve retired pay, but took no action to modify 
his child only coverage to spouse and children coverage when his 
coverage converted from RCSPB to SBP when he started collecting 
retired pay.  While the applicant contends that he was not 
properly advised of the one year requirement, to add his new 
spouse to his RCSBP, he was sent a RCSBP information packet 
informing him that,  any life changing events must be reported 
within one year of the event.  It also instructed the applicant 
to contact ARPC should he have any questions or concerns.  The 
applicant remembered to comply with the requirement when he 
requested the change following his divorce back in 2003; 
however, there is no record of any attempts made to contact ARPC 
regarding his RCSBP for remarriage or retirement.  

A complete copy of the ARPC/DPTT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 22 Mar 13 for review and comment within 30 days.  
As of this date, this office has received no response (Exhibit 
D).

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THE BOARD CONCLUDES THAT:

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

2.  The application timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an 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 
(OPR) 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.

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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-2012-05401 in Executive Session on 29 Aug 13, under 
the provisions of AFI 36-2603:

                 , Panel Chair
                 , Member
                 , Member

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 14 Nov 12, w/atch.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, ARPC/DPTT, dated 20 Mar 13, w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 22 Mar 13.




			
			Panel Chair




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