RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02373

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Applicant, through her son, requests that her late husband's records be corrected so that she may be eligible for a Reserve Component Survivor Benefit Plan (RCSBP) annuity.
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APPLICANT CONTENDS THAT:

When her husband received the RCSBP Election Certificate, he filled it out opting for Option C, Immediate Coverage.  Being a little confused about what it meant, he called the Air National Guard Personnel Office at Fairchild AFB because he wanted to be sure his spouse would receive survivor benefits no matter what happened to him.  The personnel office incorrectly told him that only his wife could waive her survivor benefits, implying that her benefits were in good order.  This led him to believe that he did not have to return the DD Form 1883 [sic].  He didn’t want to risk returning the form because it could possibly confuse things and thought it best not to risk his wife’s benefits by returning the form. 
Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force attached at Exhibit C.  

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AIR STAFF EVALUATION:

The Directorate of Customer Assistance, HQ ARPC/DPS, recommended denial.  The member was notified of his eligibility to participate in the RCSBP when he was first eligible on 5 May 1993.  There is no record of an election being made by the member.
During the 1999-2000 Open Enrollment Season (1 March 99 – 29 Feb 00), member elected an RCSBP election for spouse only coverage.  Title 10 U.S.C., Section 1448, clearly states that during an open season a member must live at least two years from the date of election for the plan to take effect.  If the member dies prior to the two-year effective date, then the election will be void and the RCSBP coverage will revert to the previous election.  Member’s election would have been effective 29 Feb 02, however, he died on 31 Jan 01.
They state that the member’s son indicated that his father was told by his personnel office that he did not need to complete the forms in order to make an election under the RCSBP to provide an annuity for his wife.  However, the package that was sent to the deceased applicant clearly states that, “If the completed election form (ARPC FM 123) is not received at the Air Reserve Personnel Center (ARPC) or postmarked within 90 days, you will be considered to have made an election not to participate in the plan.”  The package also contained phone numbers to call if a person had any questions.
They further state that since the member completed over 20 years of satisfactory service, there are benefits that the applicant would be eligible for, such as, commissary, base exchange, services, medical and dental coverage as long as she is not remarried.  If she remarries, she would no longer be eligible for these benefits unless the marriage has ceased, either through death or divorce.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant submitted a response to the Air Force evaluation further explaining the events leading up to the member’s retirement and initial request for Reserve Component Survivor Benefit Plan.  She found fault in the evaluation’s analysis of the events that took place during the member’s initial enrollment and subsequent enrollment during the 1999-2000 Open Enrollment period.
Applicant’s complete response is at Exhibit E.
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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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her late husband’s records should be corrected so that she may receive an SBP annuity.  The Reserve Component Survivor Benefit Plan (RCSBP) information package sent to the former servicemember, when he was initially eligible to establish survivor coverage on the applicant’s behalf, specifically advised the member that his RCSBP election certificate had to be received by the Air Reserve Personnel Center (ARPC) within 90 days of receipt of the package at his home.  Additionally, the package included telephone numbers at the ARPC to call should he have any questions about the program.  It was the member’s responsibility to contact that office to verify any information he was unsure of.  A review of the evidence submitted does not reveal that the deceased member was provided inadequate information concerning the Reserve Component Survivor Benefit Program during that time.  In regard to the member’s election made under the open enrollment period, the law requires that a member must live at least two years from the date of the election in order for the election to take effect.  This Board’s power is limited to what is allowed by existing law.  Therefore, we agree with the opinion and recommendation of the Air Staff and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling 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 probable material error or injustice; that the application was denied without a personal appearance; and 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 this application in Executive Session on 20 November 2001, under the provisions of AFI 36-2603:

 Panel Chair
 Member
 Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Jul 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPTR, dated 27 Sep 01, w/atchs.
   Exhibit D.  Letter, AFBCMR, dated 5 Oct 01, w/atchs.
   Exhibit E.  Letter, Applicant’s Response, undated