RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03233

XXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: YES 

APPLICANT’S REQUEST

His election of benefits under the Reserve Component Survivor Benefit Plan (RCSBP) be changed.  Specifically, to add spouse coverage. 

APPLICANT’S CONTENTIONS

He divorced his first wife in late 1970.  He was single when he separated and only recently became aware he did not enroll his wife in the RCSBP.  He remarried in 1985 and presumed his current wife of 35 years would be taken care of when his passed away.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a retired Air Force lieutenant colonel (O-5). 

On 5 July 1977, according to a divorce decree, provided by the applicant, he and his former spouse divorced.  

On 25 May 1985, according to a Record of Marriage, provided by the applicant, he married his current spouse.

On 15 October 1994, according to Reserve Order EL-2830, dated 9 August 1994, the applicant was authorized retired pay and placed on the USAF Retired List.

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.  RCSBP extends eligibility, of the Survivor Benefit Plan (SBP), to Reserve Component members, who would otherwise be eligible to receive retired pay, except they have not yet reached retirement age. RCSBP allows members to provide an annuity based on their retired pay, to qualified survivors, upon the death of a member. Members of the Air Force Reserve and Air National Guard are sent a certified letter of their eligibility for RCSBP and an explanation of the program and guidance on making elections.

The applicant completed 20 satisfactory years on or around 13 June 1979, and received notification of RCSBP eligibility and election materials in September 1979. The applicant returned the documentation with his desired election within the 90-day timeframe prescribed by law electing, Option C, Provide an immediate survivor annuity beginning on the day after death for child only, effective 13 September 1979. The applicant’s youngest child lost all eligibility for SBP on their 22nd birthday in 1985.

All elections are irrevocable after the date the member is placed on the retired list or the passing of 90 days following notification of eligibility, with the exception of a few scenarios authorized by law. A retired member who did not have a spouse or dependent child at retirement, who acquires a spouse or dependent child after retirement or notification of eligibility, may change their election by notifying the Secretary concerned within one-year after acquiring a spouse or dependent child. Additionally, a retiree who qualifies and enrolls during an open enrollment period may change their election. Congress declared 1 March 1999 through 29 February 2000, and 1 October 2005 through 30 September 2006, SBP Open Enrollment Seasons. Members, who had previously elected less than full coverage, or no coverage for their spouse/children, were afforded the opportunity to change their election.

The applicant had a one-year timeframe to elect coverage for his spouse after they were married in 1985. Additionally, the applicant was afforded two opportunities to upgrade his election during open enrollment seasons.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 15 June 2021, for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-03233 in Executive Session on 22 July 2021:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 5 October 2020.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory, ARPC/DPTT, dated 7 June 2021.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 15 June 2021.

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