RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	 DOCKET NUMBER:  BC-2014-00383
 		 	 COUNSEL:  NONE
    			 HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that his Reserve Component 
Survivor Benefit Plan (RCSBP) child coverage was changed to 
spouse coverage.  

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APPLICANT CONTENDS THAT:

He elected RCSBP child coverage.  However, his children are 
beyond age and he requests SBP spouse coverage.

The applicant believes the Board should find it in the interest 
of justice to consider his untimely application as he was 
unaware he had to elect SBP spouse coverage within one year of 
marriage.

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

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STATEMENT OF FACTS:

On 8 Nov 93, the applicant was placed on the Retired Reserve 
List.

According to his ARPC Form 123, RCSBP Election Certificate, 
dated 8 Jul 94, he elected Option C, Immediate Annuity for 
Children Only.

On 29 Apr 95, the parties were married.

On 13 Mar 14 (60th birthday), the applicant was retired and 
credited with 20 years and 15 days of active duty.   

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.  

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  The applicant did not notify ARPC 
of his marital status change within the time frame prescribed by 
10 U.S.C. § 1448(a)(5)(B).  He was provided two additional 
opportunities to update his election during the two RCSBP Open 
Enrollment Seasons (1 Mar 99 thru 29 Feb 00 and 1 Oct 05 thru 
30 Sep 06).  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 
during the open enrollment.  DPTT’s records show that the 
applicant did not elect to participate during these timeframes.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 21 Mar 14, a copy of the Air Force evaluation was provided to 
the applicant for review and comment within 30 days.  As of this 
date, this office has not received a response.  

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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 that the applicant has 
failed to sustain his burden of proof that he has 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 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.  

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The following members of the Board considered AFBCMR Docket 
Number BC-2014-00383 in Executive Session on 22 Nov 14, under 
the provisions of AFI 36-2603:

     , Vice Chair
     , Member
     , Member 

The following pertinent documentary evidence was considered: 

    Exhibit A.  DD Form 149, dated 22 Jan 14, w/atch.  
    Exhibit B.  Letter, ARPC/DPTT, dated 8 Mar 14, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 21 Mar 14.