RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00332 

 INDEX CODE: 137.00 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he made a timely election for 
spouse coverage under the Reserve Component Survivor Benefit Plan 
(RCSBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He would like to exercise his option to add his wife as his 
spouse beneficiary under the RCSBP. At the time of his 
retirement he was working two jobs and was a single parent. He 
does not recall receiving an option letter. He has terminal 
cancer and will not be able to wait until age 60 to make an 
election. 

 

In support of his request, the applicant provides copies of 
documentation extracted from his civilian medical records, his 
divorce decree and marriage certificate. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was notified of his eligibility to participate in 
the RCSBP on 24 Feb 97. The applicant 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 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 26 Feb 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. The 
applicant's complete submission was thoroughly reviewed and his 
contentions were duly noted. However, we do not find the 
applicant’s assertions and the documentation presented in support 
of his appeal sufficiently persuasive to override the rationale 
provided by the Air Force office of primary responsibility (OPR). 
Therefore, we agree with the recommendation of the Air Force OPR 
and adopt its rationale as the basis for our decision that the 
applicant has failed to sustain his burden of establishing he has 
suffered either an error or an injustice. 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. 

 

4. 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 issue involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 

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-2010-00332 in Executive Session on 22 Jul 10, under the 
provisions of AFI 36-2603: 

 


 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 10 Jan 10, w/atchs. 

 Exhibit B. Letter, ARPC/DPP, dated 19 Feb 10, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 26 Feb 10.