RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03523
		INDEX CODE:137.00

	APPLICANT (Deceased)	COUNSEL:  None

	SSN	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

Her husband's records be changed to reflect he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

Her husband told her on several occasions that if he died she would receive his Air Force retirement to help raise their children (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.

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AIR FORCE EVALUATION:

ARPC/DPS states the service member was first notified of his eligibility to participate in the RCSBP in Jul 93.  His election package was mailed to him by certified mail and was signed for by his mother on 10 Jun 93.  There was no evidence that the service member made an election at that time.  The service member was automatically enrolled in Option A, deferred election until age 60 at the end of the 90-day suspense.  HQ ARPC notified the service member of the 1 Mar 99 to 28 Feb 00 RCSBP open enrollment.  The notification was mailed to his home address from the open season master listing maintained by HQ ARPC.  The notification was not returned to ARPC as undeliverable.  There is no record that the service member made an election during the open enrollment season.  The service member failed to elect RCSBP coverage when he was initially eligible and he also failed to elect coverage during the open enrollment.  It is unfortunate that the service member died before electing coverage under the RCSBP.  The applicant is eligible for other benefits as the unremarried widow of a retirement eligible service member.  She is eligible to utilize the Commissary, Base Exchange and other base services.  As of 26 Jun 01 she was eligible to receive medical care under the Tricare program.  The applicant may be entitled to benefits under the Veterans Administration (VA).  ARPC/DPS recommends she contact the VA.  Therefore, based on the evidence provided they recommend denying the applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 22 February 2002, for review and response.  As of this date, no response has been received by this office (Exhibit C).

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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 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 probable 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 recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The service member was notified by certified mail in Jun 93, of his eligibility to participate in RCSBP.  The notification package was signed for by his mother on 10 Jun 93.  He did not elect coverage at that time. The service member had another opportunity to elect RCSBP coverage during an authorized open season enrollment, but failed to do so.  Therefore, it appears that the service member was notified on two different occasions of his eligibility to enroll in RCSBP but did not apparently choose to exercise his opportunity to elect coverage.  The applicant, as a widow of a retirement eligible member, apparently is eligible for other benefits, such as the Commissary, Base Exchange and Tricare.  Also, the Board suggests she contact the Veterans Administration to determine her possible eligibility for benefits.  In view of the foregoing and in the absence of substantial evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number 01-03523 in Executive Session on 23 April 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 5 Dec 01, w/atchs.
	Exhibit B.	Letter, HQ ARPC/DPS, dated 12 Feb 02, w/atchs.
	Exhibit C.	Letter, SAF/MRBR, dated 22 Feb 02.