RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03156 MEMBER: (DECEASED) COUNSEL: NONE APPLICANT: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her late ex-husband’s record be corrected to show that he elected former spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP), naming her as beneficiary. ________________________________________________________________ APPLICANT CONTENDS THAT: She did not know she could request an RCSBP election. She never signed-off on pension benefits during their divorce. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to copies of documents extracted from the Automated Records Management System (ARMS), the decedent was a member of the Connecticut Air National Guard and retired effective 16 May 2002 in the grade of Master Sergeant. According to documents submitted by the applicant, the decedent died on 20 December 2010. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ______________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states that based on the facts provided, the decedent did not elect to participate in RCSBP as prescribed by law Title 10, U.S.C., § l448. 1. The decedent was notified of his eligibility to participate in the RCSBP on 19 May 1992 via certified mail. He made no election and as prescribed by Title 10 U.S.C., §1448, he was automatically enrolled into Option A, “Decline To Make An Election Until Age 60“ effective 16 August 1992. 2. The decedent and the applicant divorced on 06 June 1995. A final divorce decree was issued along with a Separation Agreement dated 08 June 1995. The divorce decree failed to address former spouse coverage under the RCSBP. In addition, the Separation Agreement did not award former spouse coverage and was not filed within the one year required by law. 3. The decedent was afforded one opportunity to upgrade his election after the original election was updated. Congress declared an SBP Open Enrollment Season from 1 March 1999 through 29 February 2000. Members, who had previously elected less than full coverage or no coverage for their spouse/children, were afforded the opportunity to change their election to cover their families. The decedent did not elect to participate during this Open Season. The complete ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 September 2012 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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 noted that the decedent was afforded an opportunity to change his election during the SBP Open Enrollment Season from 1 March 1999 through 29 February 2000, but elected not to participate. In view of the above, 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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 this application in Executive Session on 7 May 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered AFBCMR Docket Number BC-2012-03156: Exhibit A. DD Form 149 dated 18 July 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Letter, ARPC/DPTT, dated 6 September 2012, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 24 September 2012. Panel Chair AFBCMR 1500 West Perimeter Road, Suite 3700 Joint Base Andrews NAF Washington, MD 20762 Dear: Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2012-03156. After careful consideration of your application and your late ex-husband’s military records, the Board determined that the evidence you presented did not demonstrate the existence of material error or injustice. Accordingly, the Board denied your application. You have the right to submit newly discovered relevant evidence for consideration by the Board. In the absence of such additional evidence, a further review of your application is not possible. BY DIRECTION OF THE PANEL CHAIR Chief Examiner Air Force Board for Correction of Military Records Attachment: Record of Board Proceedings 3 DEPARTMENT OF THE AIR FORCE WASHINGTON, DC DEPARTMENT OF THE AIR FORCE Office of the Assistant Secretary