RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-01342

	 		COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

He be allowed to add his wife as the beneficiary to his Reserve 
Component Survivor Benefit Plan (SBP), in place of his daughter.


APPLICANT CONTENDS THAT:

When he made the initial RCSBP election he was not married.  He 
married his current spouse on 21 May 2010 followed by two 
deployments.  He was informed by the local Military Personnel 
Flight that he was eligible to add his wife onto his RCSBP as a 
life changing event.  However, he was told that he could make this 
change prior to retirement, not within one year from the date of 
the event.  He realized the error while accomplishing his pre-
retirement checklist.  He humbly requests to add his wife in place 
of his daughter.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant is a former member of the Air Force Reserves who was 
transferred to the Retired Reserves effective 12 May 2014.


AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  On 28 December 2006, the applicant 
submitted ARPC Form 123, RCSBP Election Certificate, electing 
option C, Child Only.  He was not married at the time.  The 
applicant married on 21 May 2010.  In accordance with 10 USC 
Subsection 1448(a)(5)(B), “Manner and time of election, such an 
election must be written, signed by the person making the election 
and received by the Secretary concerned within one year after the 
date which that person marries or acquires the dependent child.”

The original RCSBP information package mailed to the member stated 
any life changing events must be reported to our office within one 
year of the event.  Because the applicant did not notify ARPC of 
the marital status change within the required time frame, he was 
not eligible to add his spouse onto his RCSBP.

The complete ARPC/DPTT evaluation is at Exhibit C.



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
on 29 September 2014 for review and comment within 30 days 
(Exhibit D).  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 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 the 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion that the 
applicant failed to make a clear election to participate in the 
SBP within the one year time period as prescribed by law.  
Therefore, we find no basis to grant the relief sought in the 
application.


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.


The following members of the Board considered AFBCMR Docket Number 
BC-2014-01342 in Executive Session on 12 June 2015, under the 
provisions of AFI 36-2603:


Although, Ms.  chaired the panel, in view of her unavailability, 
Mr.   has signed as Acting Panel Chair. The following documentary 
evidence pertaining to AFBCMR Docket Number BC-2014-01342 was 
considered:

	Exhibit A.  DD Form 149, dated 11 Nov 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPTT, dated 2 May 14.	
	Exhibit D.  Letter, SAF/MRBR, dated 29 Sep 14.