RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05676 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased husband’s records be corrected to reflect that he made an election for spouse coverage with immediate annuity under the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: 1. On 22 Jun 95, her deceased husband mailed the RCSBP paperwork to continue coverage. However, after speaking with the entitlements personnel she was informed that they never received the paperwork. The package was sent via regular mail and she did not maintain a copy for he records. 2. Prior to her deceased husband’s death he informed her to apply for the RCSBP benefits 30 days before 60 years old. In support of her request, the applicant provides copies of her husband’s death certificate, their marriage certificate, and various other documentation in support of her request. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 15 May 93, the deceased member and the applicant were married. 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 B. _________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPTT recommends denial. On 24 Mar 95, the deceased member was notified of his eligibility to participate in the RCSBP; however, he did not make an election at that time and therefore, was automatically enrolled in Option “A”, “Decline to make an election until age 60.” On 1 March 1999 to 29 February 2000, Congress declared this timeframe as SBP open enrollment season. Member’s 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. During this timeframe DPTT records and system reflects the deceased member did not elect to participate in the RCSBP. DPTT states that the applicant reported her deceased husband’s death when he passed away on 26 Jul 06. During this time, she was briefed on her ineligibility to receive RCSBP annuity based on her deceased husband’s failure to respond within the 90 day time period. Due to the fact that her deceased husband 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 and may be eligible for benefits through the Veteran’s Administration (VA). The complete DPTT evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates her original contention that her deceased husband mailed the RCSBP package to continue coverage. In addition, the applicant contends that she was never briefed on her ineligibility to receive the RCSBP annuity. The applicant’s complete submission 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. The applicant’s complete submission was thoroughly reviewed and her contentions were duly noted. However, we do not find her assertions and the documentation presented in support of her appeal sufficiently persuasive. There is no evidence the former member established Reserve Component Survivor Benefit Plan coverage in her behalf, prior to his 1 Dec 94 retirement. Therefore we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. 4. 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 issues involved. Therefore, the request for a hearing 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-2012-05676 in Executive Session on 27 Aug 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Dec 12, w/atchs. Exhibit B. Letter, HQ ARPC/DPTT, dated 9 Jan 13, w/atchs Exhibit C. Letter, SAF/MRBR, dated 14 Jan 13. Exhibit D. Letter, Applicant, 28 Jan 13. Panel Chair