RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00363
		INDEX NUMBER:  137.04

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  5 AUGUST 2006

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APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) with an election of Option C, based on full retired pay.

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APPLICANT CONTENDS THAT:

She is entitled to the service benefits due her upon the death of her husband.  From the result of a mailing in January 1998, Option A was chosen by default because there was no record of a response from her husband.  She feels that because this is a manual process subject to human error, as well as the possibility of an error with the mail service, her benefit choice should be reconsidered knowing that her husband would have chosen Option C.

In 1995 and 1996, her husband requested retirement computations to be drawn up with Option C to determine her benefits.  On 12 Jan 98, her husband received and signed for the RCSBP packet.  In her opinion, the injustice is that with the history of her husband’s interest in seeing that she would be financially secure, she is certain he would have returned the package checking Option C.

In support of her request, applicant provided copies of her husband’s Certificate of Death and their Marriage Certificate, a Domestic Return Receipt for the RCSBP packet, two RCSBP computation sheets, and documents pertaining to her former husband’s eligibility for retired pay.

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

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STATEMENT OF FACTS:

On 10 Dec 97, the former member was notified of his eligibility for retired pay at age 60 and his eligibility to participate in the RCSBP.  At that time he was also advised he would receive a detailed package regarding the RCSBP by certified mail within 30 days, and that he must submit his election form (ARPC Form 123) within 90 days of receipt.  The election package was sent by certified mail and the former member signed for it on 12 Jan 98.  There is no evidence he made an election at that time.  At the end of his 90-day suspense he was automatically enrolled in Option A, Deferred Election until Age 60.  

The former member’s date of birth is 8 Jun 57.  He died on 18 Sep 04.

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AIR FORCE EVALUATION:

HQ ARPC/DPS reviewed this application and recommends denial.  They do not believe an injustice has occurred, the former member neglected to elect coverage when he was first eligible in 1997, and again during the open enrollment period in 1999-2000.

A complete copy of the evaluation, with attachements, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that she does not dispute the fact her husband received and signed for his election package on 12 Jan 98.  Her husband did not ignore their financial future.  A letter prepared by a financial advisor on 6 Jun 99, indicates his interest in planning for their financial future.  She reiterates that human error could have played a part in the election process.  She was not aware of any open enrollments, and questions this process as well.

Her complete submission, with attachments, is at Exhibit D.

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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 error or injustice.  The former member had two opportunities to establish survivor coverage in the applicant’s behalf; however, there is no evidence that he made an election to do so.  When the former service member did not submit an election to participate in the RCSBP within the 90-day period following his receipt of the RCSBP package on 12 Jan 98, he was automatically enrolled in Option A, Deferred Election until Age 60.  We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, 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 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 Docket Number BC‑2005-00363 in Executive Session on 7 July 2005, under the provisions of AFI 36‑2603:

	XXXXXXXXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXXXXXXXX, Member
	XXXXXXXXXXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jan 05, w/atchs.
    Exhibit B.  Letter, ARPC/DPR, dated 23 Feb 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Mar 05.
    Exhibit D.  Letter, Applicant, dated 28 Mar 05, w/atchs.

                                   XXXXXXXXXXXXXXXXXX
                                   Panel Chair