RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01076
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

Her deceased spouse and she were both members of the Washington Air National Guard (WAANG).  Her spouse retired on 7 January 1996 and died on 1 May 1996.  She and her spouse had decided to take a reduced civil service widows annuity knowing that full military widow benefits would be paid to her upon her husbands death.  She retired in June 2004 and noticed she had been given several RCSBP election options that her now deceased spouse would have had but did not.  Over the past several years, she has worked to try and find out her entitlements as a widow of a retired service member.  She met with Fairchild AFB personnel and was told the system showed her deceased spouse to be alive and an active member of the ANG.  His marital status was shown as single.  These oversights resulted in no paperwork ever being generated to award widow’s benefits to her.

In support of her appeal, the applicant has provided a personal statement and copies of marriage and death certificates, as well as other related personnel paperwork.

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

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STATEMENT OF FACTS:

The deceased member was notified of his eligibility to participate in the RCSBP by letter dated 31 December 1985.  He made no election during that time and was automatically enrolled in Option A, “Deferred Election until age 60.”  During an RCSBP Open Season from 1 April 1992 through 31 March 1993, members who had elected less than full coverage or no coverage for their spouse/children were able to change their election to cover their families.  An open enrollment letter was sent to the member’s mailing address but he again made no election.  Had he lived, the member would have been afforded another opportunity to make an election under the RCSBP on 5 November 1998 upon reaching the age of 60.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states he had two opportunities to elect RCSBP prior to his death and chose not to participate in RCSBP.

DPP’s complete evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends upon her retirement from the WAANG, she received RCSBP paperwork via registered mail.  She signed for the package and noted she had 90 days to return the paperwork with her election.  She contends her spouse should have had the same paperwork at his retirement.  She notes her husband was retired prior to his death and should have been given the same options all other retired members receive; such as an opportunity to update his election.  Further, her RCSBP paperwork stated should she be married and not make an election within the 90-day time-frame allowed, that Option C would be elected for her.  She questions why Option C was not elected automatically for her spouse.  Additionally, should one decline to make an election until age 60 and is married, then the spouse must concur with that election and the spouse’s signature must be witnessed.  She states she did not sign any agreement and notes that failure to comply with the requirement to decline election until age 60 and obtain spousal agreement would result in an automatic enrollment in Option C, Immediate Annuity.  She contends her deceased spouse did not receive the same package she did because the ANG had his records incorrect.  His records showed he was still an active member of the ANG, not retired, and that he was single when, in fact, he was married.  She has never waived her right to receive RCSBP and his election should therefore have defaulted to Option C as with any other married member.  

Applicant’s complete response 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 timely filed.

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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The decedent was offered an opportunity to make an RCSBP election prior to his marriage to the applicant.  He did not make an election at that time and was automatically enrolled in Option C, Deferred Election until age 60.  Prior to his 1 May 1996 death, he had a second opportunity to make an election during an open season and did not take advantage of it.  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 AFBCMR Docket Number BC-2007-01076 in Executive Session on 7 June 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Apr 07, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 24 Apr 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 27 Apr 07.
    Exhibit D.  Letter, Applicant, dated 10 May 07.

                                   XXXXXXXXXX
                                   Panel Chair