RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00112 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her late spouse’s record be corrected to remove the erroneous assertion that he declined the Reserve Component Survivor Benefit Plan (RCSBP) coverage. APPLICANT CONTENDS THAT: The election form was not delivered to her late spouse’s address. The assumption that he chose to decline RCSBP coverage was recorded in error. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The decedent was notified of his eligibility to participate in the RCSBP in June 1992 via certified mail. The election package was sent to the decedent’s address. He had 90 calendar days from that date of notification to make an RCSBP election by returning an ARPC Form 123, RCSBP Election Certificate. He did not make an election within the required time period prescribed by Title 10 USC Subsection 1448. At that time, he was automatically enrolled in Option A, “Decline to make an election until age 60” effective 8 September 1992. The decedent died on 7 October 2013. AIR FORCE EVALUATION: ARPC/DPTT recommends denial. ARPC/DPTT states the former service member was afforded two opportunities to upgrade his election. Congress declared RCSBP Open Enrollment Seasons from l March 1999 through 29 February 2000 and 1 October 2005 through 30 September 2006. 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. Records indicate that he did not elect to participate during these timeframes. Although they empathize with the applicant, as prescribed by Title l0 USC Subsection 1448, the member had three opportunities to participate in the RCSBP and failed to do so. The complete AFPC/DPTT evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states in over 39 years of marriage they moved several times and there was plenty of room for error in the mail delivery system. Her 17 year old son signed the first letter that came to the house. This letter never made it to her husband’s hands. She asked the board take into consideration that her husband thought he was compliant. He worked for General Motors (GM) for over 27 years and she is the beneficiary of his pension from GM. She argues why would he make her the beneficiary of one pension and not the other? She lived 27 years of honorable military service with her husband. She further states she is a widow in need of knee replacement. The applicant’s complete response, with attachments, 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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, 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 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 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. The following members of the Board considered AFBCMR Docket Number BC-2014-00112 in Executive Session on 22 November 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 January 2014, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 8 March 2014, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 15 September 2014. Exhibit D. Applicant’s Rebuttal, dated 8 October 2014.