RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2006-00045
				INDEX CODE:  137.00

				COUNSEL: None

				HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  8 JUL 07

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APPLICANT REQUESTS THAT:

Her late husband's record be corrected to reflect he elected  spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

She should receive the survivor benefits because she is the beneficiary of the deceased servicemember.

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

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STATEMENT OF FACTS:

The applicant and the servicemember were married on 28 February 1970.  On 4 March 1987, the servicemember was notified of his eligibility to participate in the RCSBP.  The eligibility notification package was mailed by certified mail to the servicemember’s home address and signed by him.  The servicemember did not make an election for RCSBP coverage and was automatically enrolled in Option A, “Deferred election until age 60.”  The servicemember died on 8 January 2003.

Congress authorized open enrollments periods from 1 April 1992 through 31 March 1993 and 1 March 1999 through 29 February 2000, for servicemembers who had elected less than full coverage or no coverage for their spouse or children to give them the opportunity to change their election to cover their families.  There is no evidence the servicemember made an election during the authorized open enrollments.

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AIR FORCE EVALUATION:

ARPC/DPP states it is required by Title 10, U.S.C., Section 1448(a)(2) that members 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.  Furthermore, the servicemember did not make an election when notified he was eligible in 1987.  Nor, did he elect coverage for his spouse during the authorized open enrollment periods for 1992-1993 and 1999-2000.  They further state that unmarried spouses of retirement eligible servicemembers may be entitled to other benefits such as access to the Commissary, Base Exchange and other base services.  The applicant should contact the Entitlements Branch, Tricare and Veterans Administration (VA) for information regarding her eligibility for benefits.  In view of the above, they recommend denying the applicant’s request.

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

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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 3 February 2006, for review and response.  As of this date, no response has been received by this office.

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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 an error or an injustice.  After thoroughly reviewing the evidence of record, we are not persuaded to change the servicemember's records to reflect that he elected coverage under the RCSBP.  The servicemember was notified of his eligibility to participate in the RCSBP and failed to make an election.  Furthermore, the information contained in the initial election package clearly indicated that the servicemember had 90 days from the date of receipt of the election package to return the completed election form to ARPC, in accordance with the governing statute.  It is the responsibility of the servicemember to submit the election form within the time constraints allowed.  The service member had another opportunity to elect RCSBP coverage during two authorized open enrollment seasons, but failed to do so.  Therefore, it appears that the service member was notified on three 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 servicemember, 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, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our conclusion that the applicant failed to sustain her burden of establishing the existence of either an error or an injustice warranting favorable action on his request.

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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 AFBCMR Docket Number BC-2006-00045 in Executive Session on 15 June 2006, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 27 Dec 05, w/atchs.
	Exhibit B.	Letter, HQ ARPC/DPP, dated 27 Jan 06, w/atchs.
	Exhibit C.	Letter, SAF/MRBR, dated 3 Feb 06.