RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: 2010-04677 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was informed after applying for survivor benefits after her 
spouse’s death that she was not entitled to benefits due to the 
service member not electing coverage prior to his death. 

 

The personnel center in reviewing the former service member’s 
records determined there were some records missing from the time 
period he would have made the election. She believes her spouse 
made the election and the election request is missing. 

 

The applicant further contends her spouse made statements 
indicating that all the paperwork was in order for her to receive 
survivor benefits in the event of his death. 

 

In support of her request, the applicant provides a copy of the 
service member’s death certificate and documents extracted from 
the service member’s personnel records. 

 

The applicant’s complete submition, including attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are contained 
in the letter prepared by the appropriate office of the Air 
Force. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

HQ ARPC/DPTT reviewed this application and recommends denial. 
DPTT states they sympathize with the applicant; however, the 
service member’s endorsement on the notification letter indicates 
the service member was made aware of his options to participate 
in the RCSBP. The service member failed to make an election 
within the 90 day period required by law. Furthermore, there is 
no evidence to reflect the service member made an election for 
his spouse during an authorized open enrollment period. However, 
because the service member was eligible for retired pay at age 
60, the applicant is eligible for an ID card, as well as base 
exchange and commissary privileges. Also, she is eligible to 
apply for medical and dental benefits through the TRICARE 
program. 

 

A complete copy of ARPC/DPTT 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 18 Feb 11 for review and comment within 30 days. As of this 
date, no response has been received by this office (Exhibit C). 

 

_________________________________________________________________ 

 

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. After careful 
consideration of applicant's request and the available evidence 
of record, we find insufficient evidence of error or injustice to 
warrant corrective action. The facts and opinions stated in the 
advisory opinion appear to be based on the evidence of record and 
have not been adequately rebutted by applicant. Absent 
persuasive evidence applicant was denied rights to which 
entitled, appropriate regulations were not followed, or 
appropriate standards were not applied, we find no basis to 
disturb the existing record. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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 
2010-04677 in Executive Session on 7 Sep 11, under the provisions 
of AFI 36-2603: 
 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 13 Dec 10, w/atchs. 

 Exhibit B. Letter, HQ ARPC/DPTT, dated 16 Feb 11, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 18 Feb 11.