RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2017-03774

	COUNSEL:  NO
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

He be allowed to add his current spouse to his Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT CONTENDS THAT:

He divorced his former spouse on 10 Feb 14 and was unaware he had to notify the Department of Defense (DoD) of the change.   

On 22 Apr 16, he married his current spouse; however, when he went to  file for his retirement pay DD Form 2656, Data for Payment of Retired Personnel,  he was informed that his children from his previous marriage and not his current spouse would be covered under the SBP.   However, they are both over the age of 18, so this is not valid statement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force technical sergeant.  According to ARPC Form 123, RCSBP Election Certificate, dated 21 Jul 97, the applicant elected Option C “Immediate Annuity to be paid on the day after death” for his then spouse and child based on full retired pay.  

According to Special Order EK-0956, dated 16 Nov 99, on 2 Oct 99, the applicant was placed on the USAF Reserve Retired List.  

On 26 Jun 17, applicant attempted to elect SBP spouse only coverage based on full retired pay.  However, the applicant was denied do to his failure to notify  Headquarters Air Reserve Personnel Center (ARPC) within one year time frame after his divorce was finalized 10 Feb 14.  

According to Reserve Order EL-4600, dated 3 Aug 17, on 27 Jun 17, the applicant was authorized retired pay and placed on the USAF Retired List.  On 22 Oct 10, applicant’s youngest child turned 18 years of age.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial, indicating that under the provisions of Title 10, United States Code, 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 on which that person marries or acquires that dependent child.”  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 30 Apr 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-03774 in Executive Session on 2 Aug 18:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 6 Dec 17.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 30 Apr 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.