RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04452

	COUNSEL: NONE

	HEARING: YES

APPLICANT REQUESTS THAT:

He be allowed to elect former spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP) at a reduced level of coverage.

APPLICANT CONTENDS THAT:

His divorce decree required him to provide former spouse coverage at a reduced level of coverage.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a retired Air Force lieutenant colonel.  On 2 Oct 02, the applicant elected immediate coverage under RCSBP for spouse and child based on full retired pay.  The applicant and his former spouse were divorced on 13 Dec 03.  On 2 Jul 04, the applicant was placed on the retired reserve list (RRL) to await retired pay at age 60.  The applicant remarried on 14 Oct 06.  The applicant retired on 12 Nov 16.  On 25 Jun 18, the AFBCMR staff requested the applicant provide a retiree marital status affidavit, spouse release of benefits affidavit, and a former spouse affidavit.  In response, the applicant provided a retiree marital status affidavit and a release of benefits from his current spouse.  The former spouse affidavit has not been received.  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 denying the application, noting the applicant failed to make an election for former spouse coverage within the timeframe required by law.  The applicant originally elected immediate spouse and child coverage under RCSBP.  He was divorced on 13 Dec 03.  The applicant failed to notify ARPC of the change of his marital status within the one-year timeframe required by law.  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 6 Jun 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 application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2017-04452 in Executive Session on 6 Sep 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 4 Oct 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, ARPC/DPTT, w/atchs, dated 23 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 6 Jun 18.
Exhibit E.	Letter, SAF/MRBC, w/atchs, 25 Jun 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.