RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02270 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His record be changed to show he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He was married on 27 September 2001. He was unaware that he only had one year after marriage to change his RCSBP. In support of the applicant’s appeal he provides a copy of his marriage certificate. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 9 December 1996, the applicant was notified regarding his eligibility to participate in the RCSBP via certified mail. He did not respond within the 90-day period dictated by law and was automatically covered under Option A, “Declined to make election until age 60”. Records indicate the applicant was single with no eligible dependents at that time. The applicant was married on 27 September 2001. 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. ________________________________________________________________ _ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states neither the applicant nor his spouse notified ARPC of the change of marital status within the required timeframe (one year after the date of marriage). The applicant was afforded one opportunity to upgrade his election. On 1 October 2005 through 30 September 2006, Congress declared this time frame SBP Open Enrollment Season. Members who had 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. DPTT system shows the RCSBP package was mailed to the applicant’s address on 23 January 2006. The applicant did not elect to participate in the designated open season. The applicant stated he was not properly advised about his RCSBP option until he was eligible to apply for retirement. The RCSBP information packet that was originally sent to the applicant stated that any life changing events must be reported to this office within one year of the event. This packet also instructed the applicant to contact this headquarters in the event of questions or concerns. They have no record of the applicant contacting ARPC regarding this matter. The complete DPTT evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 21 June 2013, 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. ________________________________________________________________ _ 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. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2013-02270 in Executive Session on 5 February 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 April 2013, w/atchs. Exhibit B. Letter, AFPC/DPTT, dated 12 June 2013, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 21 June 2013. 2 3 1