RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00669 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: She receive the Reserve Component Survivor Benefit Plan (RCSBP). ___________________________________________________________________ APPLICANT CONTENDS THAT: Her husband had terminal cancer and passed away on 20 Aug 09. When she called to inquire about her widow benefits with the Air Force she was told her husband’s records were unclear. She believes her husband should have received a retirement package in 2006 which would have included widow benefits information; however, they did not receive the package. An injustice has occurred by not being provided the appropriate opportunity to make a viable election on her behalf. Her husband ensured her everything was in order with the Air Force and Boeing and that she would receive benefits from both sources. In support of her request, applicant provides a copy of newspaper clippings, a copy of her husband’s death certificate, a webpage printout, a copy of her husband’s birth certificate, a copy of her husband’s NGB Form 22, National Guard Bureau Report of Separation and Record of Service, a copy of her husband’s DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of her husband’s discharge certificate, a copy of her husband’s marriage license, a copy of her birth certificate, and a copy of a letter from Boeing. Her complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The decedent served in the Regular Air Force from 9 Mar 73 through 18 Jan 82. He then served in the NGB for 12 years, 2 months, and 14 days and the Reserve Component for 1 year. His total service for pay is 22 years and 16 days. He was progressively promoted to the grade of master sergeant (E-7), having assumed that grade effective and with a date of rank of 1 Aug 96. He was waiting to receive retired pay at age 60; however, he passed away on 20 Aug 09. He would have turned 60 years old on 16 Nov 14. ___________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP states their records show the former member was notified of his eligibility to participate in the Reserve Component Survivor Benefit Plan (RCSBP); however, he made no election at that time and was automatically enrolled in Option A, “Decline to make an election until age 60.” During two different enrollment periods the former member did not choose to participate in the RCSBP. DPP believes the “paperwork” the applicant is referring to is the open season enrollment from 1 Oct 05 through 30 Sep 06; however, the former member did not request documents to participate during the open enrollment period. Since the former member was eligible for retired pay at age 60, the applicant is eligible for an ID card, Base Exchange and commissary privileges. When the former member would have turned age 60, the applicant can apply for medical and dental benefits through the TRICARE program. The ARPC/DPP complete evaluation is at Exhibit B. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by reiterating her original contentions and wants to know what is “unclear” and asks if her husband ever received an option letter. The applicant’s complete submission is at Exhibit D. ___________________________________________________________________ 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 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 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 AFBCMR Docket Number BC-2010-00669 in Executive Session on 20 May 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Feb 10, w/atchs. Exhibit B. Letter, ARPC/DPP, dated 17 Mar 10. Exhibit C. Letter, SAF/MRBR, dated 24 Mar 10. Exhibit D. Letter, Applicant, dated 20 Apr 10.