RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05467

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect he declined child only coverage under the Reserve Component Survivor Benefit Plan (RCSBP).  

2.  His records be corrected to reflect he made a timely election for RCSBP coverage for his spouse.

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APPLICANT CONTENDS THAT:

1.  At the time of his RCSBP election, he was unaware that his children would not be eligible beneficiaries upon his death since they will all be over the age of twenty-one.  He was automatically enrolled for child only coverage and will have to begin making premium payments when he begins to collect retired pay at age 60, even though his children are no longer eligible for coverage.

2.  He was unaware of the requirement to request coverage for his new spouse within a year of their marriage.

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

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STATEMENT OF FACTS:

On 1 October 2010, the applicant was relieved from his reserve assignment and transferred to the Retired Reserve to await reserve retired pay at age 60.  

The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial, indicating the applicant was sent a RCSBP election package and notified of his eligibility of participation on 27 August 2004 and he failed to make an election within the required timeframe.  Subsequently, he was automatically enrolled in Option C, “Immediate Annuity for Child Only” on 7 December 2009 because he was divorced with dependent children.  Although the applicant indicated he was not properly advised in regards to his RCSBP option until after the automatic election was made, the RCSBP package he received explained that his children were eligible for the Plan until age 18 (or 22 if in full time student status).  There is no record of the applicant making any inquiries into the requirements or eligibility of RCSBP.  The applicant later married on 11 December 2010, but he and his spouse failed to provide the proper notification within one year of their marriage as required by 10 USC § 1448(a)(5)(B).  Additionally, the RCSBP information packet explained the options in the event of a life changing event such as remarriage.  There is no record the applicant made an RCSBP election to add his spouse.  Based on the information provided, relief should not be granted.  

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 11 January 2013 for review and comments within 30 days.  As of this date, no response has been received by this office (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 was 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.    While there is no basis to establish coverage for the applicant’s spouse under RCSBP, the applicant should seek counseling from a qualified SPB counselor so that he can take advantage of whatever options are available to him when his coverage converts from RCSBP to SBP when he begins to collect retired pay at age 60.  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 material 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-2012-05467 in Executive Session on 29 August 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, undated, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPTT, dated 3 January 2013.
     Exhibit D.  Letter, SAF/MRBR, dated 11 January 2013.




                                   
                                   Panel Chair