RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02904 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________ APPLICANT REQUESTS THAT: Her deceased spouse’s record be corrected to reflect he elected immediate annuity spousal coverage under the Reserve Component Survivor Benefit Plan (RCSBP). ___________________________________________________________ APPLICANT CONTENDS THAT: The Survivor Benefit Plan Election Certificate was sent during the time they were being transferred to Red River Army Depot, Texas. During that transition, they had four different mailing addresses before they settled down for good. She believes the paperwork may have been sent to one of the previous addresses and never forwarded. Her husband passed away at 55, making her a widow after 31 years of marriage. She needs the survivor benefits as she is a teacher’s aide at the local school which does not pay much. In support of her request, she provides a copy of the service member’s death certificate, a copy of their marriage certificate and copies of the decedent’s DD Form 214’s, Certificates of Release or Discharge from Active Duty. The applicant's complete submission, with attachments, is at Exhibit A. ___________________________________________________________ STATEMENT OF FACTS: Facts extracted from the Air Force Office of primary responsibility evaluation reveal the decedent was notified of his eligibility to participate in the RCSBP on 10 July 1996. He made no election at that time and was automatically enrolled in Option A, “decline to make an election until age 60,” effective 31 October 1996. He passed away on 17 May 2011, at the age of 55. ___________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. The member was notified of his eligibility to participate in the RCSBP by certified mail which he acknowledged on 30 July 1996. He made no election and was automatically enrolled in Option A, “decline to make an election until age 60.” There were also open enrollment seasons during which he could have upgraded his election. The decedent did not elect to participate in RCSBP. The complete DPTT evaluation, with attachments, is at Exhibit B. ___________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates she is a widow after 31 years of marriage. She does not know why her husband did not send back the paperwork. He did not discuss the issue with her. She has worked with the school system for years but the pay is not much. Her take home pay is $1030.00 per month. Things are tight and any help would be appreciated. She has also requested that her Congressman look into this matter. The applicant’s complete response 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 the 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. 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 the applicant. While it is regrettable the decedent chose not to elect RCSBP coverage for the applicant, we find no basis to grant the relief sought in the application. Accordingly, the applicant’s request is not favorably considered. ___________________________________________________________ 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-2011-02904 in Executive Session on 2 February 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Jul 11, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 23 Nov 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 2 Dec 11. Exhibit D. Applicant’s Response, dated 15 Dec 11. Panel Chair