RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00206 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect she made a timely election for spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: She was never briefed or informed on the requirements to elect spouse coverage under the RCSBP. She never received a letter informing her of her retirement options. The Air Force Reserve Center (AFRC) indicates they have a copy of a certified receipt in their system but she never received it. Applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant after completing 20 years of satisfactory service was notified of her eligibility to participate in the RCSBP on 11 Dec 97. She failed to make an election at that time and was automatically enrolled in Option A, Decline to make an election until age 60. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. AFRC/DPP notes they have the certified mail receipt in their system, but due to a technical error it is not accessible. AFRC/DPP further states the applicant failed to make an election within the mandatory time period required in accordance Title 10 U.S.C. The complete ARPC/DPP evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Jul 10, for review and comment within 30 days. As of this date, no response has been received by this office. _________________________________________________________________ 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 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 (OPR) and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain her burden of proof of the existence of an error or injustice. Other than her own assertions, she has provided no evidence that she was not properly notified and advised of her eligibility to participate in RCSBP. In view of the above and in the absence of evidence to the contrary, we find no 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 a 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 AFBCMR Docket Number BC-2010-00206 in Executive Session on 14 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Dec 09. Exhibit B. Letter, ARPC/DPP, dated 24 Jun 10, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 16 Jul 10.