ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2009-03042

  (DEC)					COUNSEL:  NONE

  (APP)					HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

The Board reconsider changing her late husband’s record to show he made an election for spouse with full immediate coverage based on full retired pay under the Reserve Component Survivor Benefit Plan (RCSBP) election.  

STATEMENT OF FACTS:

On 1 Apr 10, a similar request was considered and denied by the Board.  The Board relied on the ARPC/DPP recommendation that stated in Jan 01, Title 10, United States Code, was revised to reflect automatic coverage, Option C (immediate annuity), if a member does not respond within the required 90-day period.  However, the law change was not retroactive and did not apply to members who acquired 20 years of satisfactory service prior to Jan 01.  

For an accounting of the facts and circumstances surrounding the applicant’s original request, and, the rationale of the earlier decision by the Board, see Record of Proceedings, with attachments, at Exhibit E.

On 16 Jun 15, the applicant requested reconsideration of her case and provided several supporting documents to include letters of support from her children, and other supporting documents.

The applicant’s complete submission, with attachments, is at Exhibit F.

THE BOARD CONCLUDES THAT:

The Board thoroughly reviewed the evidence of record and considered the weight and relevance of the additional documentation provided by the applicant, and whether or not it was discoverable at the time of any previous application.  While we find the additional documentation rendered in support of the applicant’s request is new, we do not find it relevant.  Once a case has been considered and denied by the Board established by law for that purpose, reconsideration is authorized only where newly discovered relevant evidence is presented which was not available when the application was originally submitted.  Therefore, in view of the above and in the absence of new and relevant evidence, we find no basis to reconsider the applicant’s request.
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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the additional evidence presented did not meet the criteria for reconsideration by the Board; and 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 AFBCMR Docket Number BC-2009-03042 in Executive Session on 4 Nov 16 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit E.  ROP, dated 1 Apr 10, w/atchs.
	Exhibit F.  RECON DD Form 149, dated 16 Jun 15, w/atchs.
	Exhibit G.  Letter, AFBCMR, dated 17 Nov 15.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.