RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03751
				INDEX CODE:  137.00

				COUNSEL:  

				HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATED: 7 JUNE 2007 

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APPLICANT REQUESTS THAT:

Her late husband’s record be corrected to reflect he made an election to participate in the Reserve Component Survivor Benefit Plan (RCSBP) so that she may receive the annuity.

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APPLICANT CONTENDS THAT:

They did not receive the survivor benefit package.  She does not have any record of receiving the survivor benefit package.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant was notified on 12 April 1994, of his eligibility to participate in the RCSBP when he was notified of his completing 20 years of satisfactory service.

A certified package notifying the servicemember of his eligibility to participate in RCSBP was sent to his home address and his wife signed for the package on 13 May 1994.  There is no evidence the servicemember made an election within the 90-day suspense and was automatically enrolled in Option A, “Deferred election until age 60.”

An enrollment package was forwarded to the servicemember at his home address notifying him of the opportunity to enroll in RCSBP during the open enrollment from 1 March 1999 through 29 February 2000.  Records reflect the servicemember did not make an election at time.

The servicemember died on 12 November 2004.

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AIR FORCE EVALUATION:

ARPC/DPS recommends denial.  DPS states the election package was mailed to the servicemember and was signed for on 13 May 1994.  It is required by Title 10, USC, Sec 1448(a)(2)(B) that servicemembers wanting to participate in RCSBP must submit their election within 90 days of receipt of the package.  ARPC has no record of receiving an election request from the servicemember.  ARPC again notified the servicemember of an opportunity to enroll in RCSBP during the open enrollment period from 1 March 1999 through 29 February 2000 and the servicemember failed to make an election.  The applicant will be eligible to receive medical care through the TRICARE program on 5 January 2009, when the servicemember would have turned 60 years old.  They recommend the applicant contact the nearest military flight to inquire what other benefits she maybe entitled too.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant and counsel on 7 January 2005, for review and response.  As of this date, no response has been received by this office.  

On 7 February 2005, the applicant’s counsel requested her application be temporarily withdrawn (Exhibit D).

On 14 February 2005, the Board staff informed the applicant and counsel that her application had been temporarily withdrawn and to contact the Board in writing when they were ready to proceed (Exhibit E).

On 5 June 2006, the applicant’s counsel requested the Board to resume the processing of the applicant’s request for an RCSBP annuity (Exhibit F).

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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 an error or an 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The servicemember was notified by certified mail in April 1994 of his eligibility to participate in RCSBP.  The notification package was signed for by his wife on 13 May 1994.  He did not elect coverage at that time. The servicemember had another opportunity to elect RCSBP coverage during an authorized open season enrollment, but failed to do so.  Therefore, it appears that the servicemember 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 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 5 October 2006 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2004-03751 was considered:

	Exhibit A.	DD Form 149, dated 29 Nov 04, w/atchs.
	Exhibit B.	Letter, HQ ARPC/DPS, dated 4 Jan 05, w/atchs.
	Exhibit C.	Letter, SAF/MRBR, dated 7 Jan 05.
	Exhibit D.	Letter, Counsel, dated 7 Feb 05.
	Exhibit E.	Letter, AFBCMR, dated 14 Feb 05.
	Exhibit F.	Letter, Counsel, dated 5 Jun 06.