RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-04013

					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:

Her late husband did not inform her of the RCSBP.  If he 
received information on the plan, as his spouse she should have 
been required to provide spousal concurrence with the election.  
She requests favorable consideration of her request to be 
qualified under the plan.

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


STATEMENT OF FACTS:

On 18 Jan 94, the former member was notified regarding his 
eligibility to participate in RCSBP via certified mail to the 
address on file. 

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.  The former member had 90 days from 
the date of notification to make an RCSBP election, as stated in 
the Instruction Booklet which was mailed to him.  The booklet 
was delivered to the address updated in his record and someone 
at that address signed for the certified mail.  Therefore, ARPC 
must assume the instruction booklet was received.  Since an 
election was not made, spousal concurrence was not required.  
Therefore, the former member was given an automatic election 
declining the plan and deferring his election to age 60.  The 
former member passed away on 8 Nov 94.  The RCSBP annuity was 
not afforded to his survivor because he was not participating in 
the plan at the time of his death.  In accordance with Title 10, 
United States Code, Subsection 1448 (a) (2) (B), the former 
member did not elect to participate in the program and would 
have only been offered the opportunity to participate on his 60th 
birthday, 23 Apr 12, had he not passed away.  ARPC does not have 
any confirmation of the deceased former member’s request to 
participate in the plan and designate his spouse as a 
beneficiary for coverage.

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 25 Feb 15, 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 an error or 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 of injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the requested relief.


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-2014-04013 in Executive Session on 23 Jul 15, under 
the provisions of AFI 36-2603:


Although XXXXX chaired the panel, in view of her unavailability, 
due to retirement, XXXX has signed as Panel Chair.  The 
following documentary evidence pertaining AFBCMR Docket Number 
BC-2014-04013 was considered:

	Exhibit A.  DD Form 149, dated 27 Oct 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 30 Jan 15.
	Exhibit D.  Letter, SAF/MRBR, dated 25 Feb 15.