RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-03152 INDEX CODE:	137.00
COUNSEL:	NONE HEARING DESIRED:	NO

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 Option C (immediate annuity for spouse only), based on full retired pay.

APPLICANT CONTENDS THAT:
The decedent was never briefed about the one-year SBP rule. She is listed on his DD Form 2656, Data for Payment of Retired Personnel.

In support of her request, the applicant provided a copy of the decedent’s death certificate, DD Form 2656, divorce decree, and a copy of their marriage certificate.

The applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
Records indicate the decedent was notified of his eligibility to participate in the RCSBP on 15 Apr 03. He made no election during that time and was automatically enrolled in Option C. He divorced on 4 Feb 04 and remarried on 14 Sep 04.

According to Title 10, U.S.C., Section 1448(3)(A)(iii), any such election must be written, signed by the person making the election, and received by the Secretary concerned within one year of the date of the divorce, dissolution, or annulment.

AIR FORCE EVALUATION:

ARPC/DPP recommends denial. DPP states the decedent failed to notify them of his marital status change within the one-year time limit in accordance with Title 10, Section 1488(3)(A)(iii). DPP further states the applicant is eligible for an identification (ID) card, Base Exchange and Commissary privileges, and eligible

for medical and dental benefits through the TRICARE program. In addition, she may be eligible for benefits through the Veterans Administration.

The complete ARPC/DPP evaluation, with attachments, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 26 Sep 08 for review and comment within 30 days(Exhibit C). As of this date, this office has not received a response.

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. 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 Docket Number BC- 2008-03152 in Executive Session on 20 November 2008, under the provisions of AFI 36-2603:

, Chair, Member, Member

The	following	documentary	evidence	was	considered	for	Docket Number BC-2008-03152:

Exhibit A. DD Form 149, w/atchs, dated 21 Aug 08.
Exhibit B. Memorandum, HQ ARPC/DPP, w/atchs, dated 22 Sep 08. Exhibit C. Letter, SAF/MRBR, dated 26 Sep 08.

Chair