RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05695

			COUNSEL:  NONE

  			HEARING DESIRED:  NO 




APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to reflect that he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP).  



APPLICANT CONTENDS THAT:

Although her deceased husband did not identify a beneficiary for his RCSBP at the time of his retirement, she is sure he would have made her his 
beneficiary had it not been for his unexpected untimely death.  The Department of Veterans Affairs (DVA) in a rating decision regarding her deceased 
husband’s benefits, listed service connection for the cause of death.  

The applicant’s complete submission, with attachments, is at Exhibit A.



STATEMENT OF FACTS:

On 8 Jan 03, the deceased former member was assigned to the retired reserve section and placed on the Air Force Reserve retired list.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility 
(OPR), which is attached at Exhibit C.    



AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.  On 4 Feb 98, the member was notified regarding his eligibility to participate in the RCSBP via certified mail.  He had 90 calendar days from the date of notification to make an RCSBP election.  Records indicate that he did not make an election within the required time period prescribed by U.S.C. Title 10 Subsection 1448; therefore, on 5 May 99, he was automatically enrolled under Option A, "Decline To Make An Election Until Age 60."  The deceased former member divorced his former spouse on 3 Aug 07, and married the applicant on 27 Dec 08.  Neither the deceased former member nor the applicant notified ARPC of the marital status change in accordance with 10 U.S.C., subsection 1448, (a)(5)(B).  On 7 Jul 10, at the age of 55, the member passed away.  Based on the information provided, the applicant’s request should be disapproved. 

A complete copy of the 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 27 Jan 14 for review and comment within 30 days (Exhibit D).  As of this date, no 
response has been received by this office.


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.  While we find the applicant’s circumstances 
regrettable, she has not provided evidence of any error on part of the Air Force.  Based on the evidence before us it appears the deceased service member 
was properly notified and given the opportunity to provide immediate coverage for the applicant under the RCSBP but failed to do so.  As such, we do not 
find the applicant is being treated any differently than others similarly situated and is not the victim of 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 the evidence presented did not demonstrate the existence of material 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.

The following members of the Board considered AFBCMR Docket Number BC-2013-05695 in Executive Session on 22 Nov 14 under the provisions of AFI 36-2603:	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Dec 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 14 Jan 14.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 14.