RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03325
		INDEX CODE:  137.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s military record be changed to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) with an election based on the full amount of retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her deceased husband served 19 years, 1 month, and 3 days in the military.  She contends she may be eligible for military benefits, as a result of his service, as he remained on active duty until his death.  She believes that, had her husband lived, he would have served out his remaining time thereby entitling her to retirement pay or an identification (ID) card.

In support of her appeal, the applicant has provided copies of a DD Form 214, Report of Separation and Record of Service, their marriage license, and her deceased husband’s death certificate.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The decedent was a member of the XXXXXXX Air National Guard (XX ANG) from 21 July 1986 until his death on 10 May 1990.  He achieved the rank of Master Sergeant (MSgt/E-7) and had served for a total of 19 years, 1 month, and 3 days of combined active and Reserve component service.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommends denial but encourages the applicant to contact the Veterans Administration (VA) as she may be eligible for other benefits through the VA.  DPS states that, had the decedent lived and retired from the military, he would have been 

eligible to elect RCSBP coverage on 10 May 1991.  This notwithstanding, the deceased member did not complete 20 satisfactory years of service.

DPS’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 January 2004 for review and comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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 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 office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  While we sympathize with the applicant, the law requires the member to complete 20 years of satisfactory service to be eligible to participate in RCSBP.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-03325 in Executive Session on 14 April 2004, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Sep 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPS, dated 30 Dec 03.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.