RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:
		DOCKET NUMBER:  BC-2013-00645
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His record be changed to show he elected spouse coverage under 
the Reserve Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

He retired in June 1997 and does not recall receiving an SBP 
package.  He has been diagnosed with cancer and desires that his 
spouse receive his retirement.

In support of the applicant’s appeal, he provides a personal 
letter.

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

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STATEMENT OF FACTS:

The Defense Enrollment Eligibility Reporting System (DEERS) 
reflects the decedent died on 6 May 2013.

The relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force at 
Exhibit B.

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  DPTT states the applicant had 
opportunities to participate in the RCSPB and did not elect to 
participate.





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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s spouse states that her husband has passed away.  
She states with each election period he was not married.  In May 
1997, he was separated from his former spouse and the final 
decree became available on 22 October 1998.  Therefore, in May 
he did not make an election.  Between 1 March 1999 and 29 
February 2000, and 1 October 2005 and 30 September 2006, he did 
not make an election because he was not married.  She further 
states they have three children who as of 31 May 2013 have been 
without health care coverage benefits due to the death of her 
spouse.

The applicant’s spouse’s response is at Exhibit D.

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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 an error or an injustice.  After a 
thorough review of the evidence of record and applicant’s 
submission, we are not persuaded that the deceased member’s 
records should be altered so that his spouse would receive an 
RCSBP annuity.  Therefore, 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.  
Although we are sympathetic to the situation, in the absence of 
evidence to the contrary, we find no compelling basis to 
recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-00645 in Executive Session on 7 November 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 22 January 2013, w/atch.
  Exhibit B.  Letter, ARPC/DPTT, dated 11 March 2013.
  Exhibit C.  Letter, SAF/MRBR, dated 15 March 2013.
  Exhibit D.  Letter, Applicant, dated 23 May 2013.
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