RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05474 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he elected the Reserve Component Survivor Benefit Plan (RCSBP) spouse and child coverage. ________________________________________________________________ APPLICANT CONTENDS THAT: Upon getting married on 21 Mar 09, he turned in a copy of the marriage certificate to his orderly room for update in the Defense Enrollment Eligibility Reporting System (DEERS) and finance records. On 21 Mar 11, his son was born and he turned in his son’s birth certificate for update in DEERS. He learned on 4 Oct 12 when his daughter was born that DEERS was not updated. He was not aware or told that anything else was needed. He is still active in the Air Force Reserve and since he is not retired, he would not have known about the RCSBP form. In support of his request, the applicant submits copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; marriage and birth certificates, e-mail communique and Line of Duty (LOD) determination. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 21 Mar 09, the parties were married. The applicant’s dependent children were born on 21 Mar 11 and 4 Oct 12. On 4 Apr 14, SAF/MRBR requested the applicant provide an affidavit on his marital status within 30 days (Exhibit D). Per 10 U.S.C. § 1448(a)(5)(B) an election must be written, signed by the person making the election, and received within one year after the date which that person marries or acquires the dependent child. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. On 10 Nov 07, the applicant submitted his ARPC Form 123, RCSBP Election Certificate, electing Option A, Defer to Make Election Until Age 60. The applicant did not notify ARPC of his marital status change or the birth of his children within the one-year timeframe prescribed by 10 U.S.C. § 1448(a)(5)(B). He states he updated his DEERS and finance records; however, the system of record for RCSBP is the Military Personnel Data System (MilPDS). The complete DPTT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He is still on Active Reserves and will retire when he reaches High Year Tenure (HYT) in Nov 16. Since he had not been married before and was still on Active Reserves, he was told there was nothing else needed and DEERS was updated. He assumed that notifying the orderly room and updating DEERS would have taken care of the notification. He asks the Board for consideration in adding his wife and two children to his RCSBP. Being in the Active Reserves, he was not aware anything was needed to be done toward retirement. In further support of his request, the applicant provides a personal statement and a notarized affidavit. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ ? 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 error or injustice. While the applicant's response to the Air Force evaluation is noted, he has not provided substantial evidence which, in our opinion, successfully refutes the assessment of his case by the Air Force Office of Primary Responsibility (OPR). Therefore, we agree with the opinion and recommendation of the AF OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of either an error or an injustice. In view of the above and in the absence of evidence to the contrary, we find no basis the grant 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 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 AFBCMR Docket Number BC-2013-05474 in Executive Session on 9 Oct 14, under the provisions of AFI 36-2603: , Vice Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05474 was considered: Exhibit A. DD Form 149, dated 29 Dec 13, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 13 Feb 14, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 4 Apr 14. Exhibit D. Letter, SAF/MRBR, dated 4 Apr 14, w/atch. Exhibit E. Letter, Applicant, dated 16 Apr 14, w/atchs.