ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01539 COUNSEL: HEARING DESIRED: YES APPLICANT REQUESTS THAT: His records be corrected to reflect that he elected immediate Reserve Component Survivor Benefit Plan (RCSBP) spouse coverage. STATEMENT OF FACTS: On 27 November 2012, the Board considered and denied his request for RCSBP spouse coverage. For an accounting of the facts and circumstances surrounding the applicant’s request and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit E. Directive Type Memorandum, Changes in the SBP Enacted by Public Law 108-375 National Defense Authorization Act for Fiscal Year 2005, dated 5 August 2005, states that finance centers shall notify each eligible member no later than 31 December 2005, of the opportunity to make an SBP election during the open enrollment period. On 8 August 2013, the applicant, through his lawyer, submitted a request for reconsideration, with an affidavit from the applicant stating he did not receive the initial election package in June 1999 or the second election package in March 2005. The first time he was made aware that the package had been sent to his home address was in 2009 when he contacted the Air Force to inquire about his RCSBP status. His wife also provides an affidavit stating she nor her husband received an election package in March 2005. The applicant’s son of the same name provides an affidavit stating while his father was residing in Washington, D.C., he signed for the election package in error and did not forward it to his father or make him aware that he received it. Lastly, his employer certifies in an affidavit that the applicant was temporarily working and residing in Washington D.C. from 1998-2000. Counsel states these affidavits establish that an error occurred with respect to the applicant’s receipt of the RCSBP packages. Accordingly, he requests the affidavits be given due consideration in conjunction with his application to have his records corrected to reflect that he elected RCSBP spouse coverage. The applicant’s complete submission, with attachments, is at Exhibit F. THE BOARD CONCLUDES THAT: 1. In an earlier finding, the Board determined there was insufficient evidence to warrant corrective action and denied his request because the applicant acknowledged receipt of his eligibility to participate in the RCSBP and failed to make an election. It was also noted that he had the opportunity to enroll during the 1 October 2005 through 30 September 2006 Open Enrollment Season and elected not to participate. However, after careful consideration of all the facts and circumstances of the applicant’s case, along with the additional documentation provided in support of his appeal, it is our opinion that relief is warranted. In this respect we note the applicant’s son, of the same name, states that in 1999, he signed for the initial RCSBP package and did not forward it to his father. His former employer also certifies that from 1998 to 2000, the applicant was temporarily working and residing in Washington, D.C. for a job assignment. Although the OPR states that a package was sent to the applicant offering him the opportunity to enroll during the 2005-2006 Open Enrollment Season, there is no evidence in the record that he was notified in accordance with the DTM dated 5 August 2005. In view of the foregoing, we find the evidence presented in this case sufficient to recommend his records be corrected to reflect that he elected immediate RCSBP spouse coverage based on full retired pay. Accordingly, we recommend his records be corrected as set forth below. 2. 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 9 September 1999, he elected immediate spouse coverage under the RCSBP, based on full retired pay, naming his spouse as the eligible spouse beneficiary contingent upon recoupment of any applicable premiums. The following members of the Board considered this application in Executive Session on 28 May 2014, under the provisions of AFI 36-2603: , Vice Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR BC-2012- 01539 was considered: Exhibit E. Record of Proceedings, dated 29 November 2012, w/Exhibits. Exhibit F. Letter, Counsel, dated 8 August 2013, with atchs. F