RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02261 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her record be changed to show she elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: When she made the election for Option A, she was not married at the time. She was not informed that she could change her election when she got married in 2002. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was notified of her eligibility to participate in the RCSBP via a certified letter dated 13 September 2000. She made no election during that time and was automatically enrolled in Option A, “Decline to make an election until age 60”. The applicant married in 2002. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP states the applicant married in 2002; however, she did not request to change her RCSBP coverage within one year of her marriage as required by applicable law, Title 10, USC, Section 1448. During an open-enrollment season from 1 October 2005 through 30 September 2006, members who had previously elected less than full coverage, or no coverage for their spouse/children, were able to change their elections to cover their families; however, records show that she did not participate during that time. The applicant stated she was not informed that she could change her election when she got married in 2002. The RCSBP package that was sent clearly explained that if the member had any questions or concerns to call. There is no record of the applicant contacting ARPC. The applicant will be eligible to make an election in the SBP program approximately six months prior to her 60th birthday. If the applicant chooses to make an election at that time, her election will become effective on her 60th birthday; her spouse will be eligible for an ID card, base-exchange, and commissary privileges. Her spouse will be eligible to apply for medical and dental benefits through the TRICARE program when the member turns age 60. The applicant’s spouse can obtain additional information from TRICARE. The applicant’s spouse may also be eligible for benefits through the Veterans Administration and may contact them for additional information. The complete DPP evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the evaluation and states that in 2000 she elected to decline making an election until age 60. She married in 2002 and did not request to change her election because she was not aware she had that option. When she added her husband as a dependent, she was given information by her MPF and ARPC; however, SBP information was not provided. She believes she should have been given the opportunity to make a decision in 2002 to change her RCSBP option, but was not. The letter from ARPC mentions an open season between 1 October 2005 and 30 September 2006. She was not sure how that information was communicated to the Reservists, but she was not contacted by mail, email, etc. or informed in any other methods about that open season. She was made aware of the option to change her SBP election from an article in the Airman Magazine. The applicant's complete response is at Exhibit E. _________________________________________________________________ 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 an error or injustice. The applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the evidence of record or the rationale provided by the Air Force office of primary responsibility. Therefore, 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. In addition, the applicant indicates that she was not aware she had the option of changing her election upon her marriage or of the open season; however, she has not provided sufficient evidence to show she did not have enough information available to her to make an informed decision. The Board would like to point out that the applicant will be eligible to make an election in the SBP program six months prior to her 60th birthday. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. 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 issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; 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-2010-02261 in Executive Session on 19 January 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02261 was considered: Exhibit A. DD Form 149, dated 14 June 2010, w/atchs. Exhibit B. Letter, ARPC/DPP, dated 30 July 2010, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 6 August 2010. Exhibit D. Letter, Applicant, dated 30 August 2010.