RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00700 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late husband’s records be corrected to reflect that he made 
an election for spouse coverage with immediate coverage based on 
full retired pay under the Reserve Component Survivor Benefit 
Plan (RCSBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. She was married to her deceased husband for most of his 
military career. His intentions then and at the time of their 
divorce were for her to remain the beneficiary of his RCSBP. 

 

2. She was never advised her divorce had to be reported within a 
year, never received any correspondence and was still married to 
her deceased spouse when he retired. In addition, she was 
granted benefits in the divorce. 

 

In support of her request, the applicant provides a copy of the 
service member’s death certificate and divorce decree. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 21 Jul 84, the deceased member and the applicant were 
married. 

 

On 4 Apr 03, the deceased member was notified of his eligibility 
to participate in the RCSBP and on 3 Jul 03, he elected Option 
C, “Immediate Annuity for Spouse and Children.” 

 

On 11 Jul 09, the deceased member and applicant were divorced. 
The divorce awarded the former spouse coverage under the RCSBP. 

 

 

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 C. 

 


_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ ARPC/DPTT recommends denial. DPTT states the deceased member 
did not request to change his RCSBP coverage within one year of 
his divorce from spouse to former spouse as required by law 
Title 10, U.S.C., Section 1448. However, because he was 
eligible for retired pay at age 60, the applicant is eligible 
for an ID card, Base Exchange and commissary privileges. In 
addition, she is eligible to apply for medical and dental 
benefits through the TRICARE program. 

 

The complete DPTT evaluation, with attachments, is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 25 Mar 11, a copy of the Air Force evaluation was forwarded 
to the applicant, 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 timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant contends she was never advised her divorce had to be 
reported within a year, never received any correspondence and 
was still married to her deceased spouse when he retired. After 
a thorough review of the evidence presented, we believe the 
applicant has suffered an injustice and corrective action is 
warranted. In this respect, we find it highly unlikely she 
would knowingly forgo her entitlement to this important benefit. 
Therefore, it is our opinion that the former spouse should 
receive the immediate SBP annuity at the full level of retired 
pay. In view of the circumstances of this case and in an effort 
to remove any possibility of an injustice to the applicant, we 
recommend the decedent’s records be corrected as indicated 
below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the deceased service member be corrected to 


show that on 11 Jul 09, he elected full and immediate coverage 
for former spouse only (Option CA) under the Reserve Component 
Survivor Benefit Plan naming XXXXXXXXX as the eligible former 
spouse beneficiary. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-00700 in Executive Session on 22 Sep 11, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 24 Jan 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. HQ ARPC/DPTT, Letter, 15 Mar 11, w/atchs. 

 Exhibit D. SAF/MRBR, Letter, dated 25 Mar 11. 

 

 

 

 

 

 Panel Chair