RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01942

						COUNSEL:  NONE

HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

She is being denied RCSBP benefits.  She was not notified of a need to change election nor did she sign any documents electing not to be covered for the RCSBP.  Defense Financial Accounting Service (DFAS) was notified within the first year of her marriage to the former military member, and a second notification of her marriage to the former military member was faxed to the Air Force Reserve in 2012.    

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

STATEMENT OF FACTS:

The former military member initially entered the Air National Guard on 30 Aug 78. 

On 15 Nov 08, according to documents submitted by the applicant, she married the former military member.  

On 31 Dec 08, the former military member was honorably discharged from the Kansas Air National Guard in the grade of lieutenant colonel (O-5), and effective 1 Jan 09, he was assigned to the Retired Reserve Section and placed on the Air Force Retired List, eligible for retired pay under Title 10 U.S.C. Section 12731, except for attainment of age 60. 

On 15 Feb 13, according to documents submitted by the applicant, the former military member (her spouse) died at the age of 56 years old.

On 14 May 15, SAF/MRBR sent the applicant a request for completing, signing, and having notarized an affidavit on marital status (Exhibit C).

On 2 Jun 15, SAF/MRBR received the signed/notarized affidavit from the applicant affirming she is not currently married (Exhibit E).  

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 D.    

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.  On 10 Dec 98, the military member was notified regarding his eligibility to participate in RCSBP via certified mail.  He had 90 calendar days from the date of notification to make an RCSBP election by returning an ARPC Form 123, RCSBP Election Certificate.  The package was delivered and signed for at the member’s residence by the member on 10 Dec 98 (Advisory atch 1).  Their records revealed the member did not make an election within the required time period prescribed by Title 10 U.S.C. Subsection 1448, and was subsequently updated to Option N, for non-response, which translated to Option A, “Defer Making an Election Until Age 60,” effective the date of expiration of 90 days, 10 Mar 99.  

A complete copy of the ARPC/DPTT evaluation, with attachment, is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 14 Aug 15 for review and comment within 30 days (Exhibit F).  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 timely filed.

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 believe the applicant has not been the victim of an error of injustice.  We note the comments of ARPC/DPTT that in 1998 the former military member did not make an election within the required time period prescribed by Title 10 U.S.C. Subsection 1448, and was subsequently updated to Option N, for non-response, which translated to Option A, “Defer Making an Election Until Age 60”, effective the date of expiration of 90 days, 10 Mar 99.  However, we are not compelled to change the existing record because documents submitted by the applicant revealed that she and the former military member were married 15 Nov 08.  There was no documentation or evidence submitted that the former military member elected spouse only SBP coverage within one year of their marriage as required by law/policy.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 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-2015-01942 in Executive Session on 28 Jun 16 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Apr 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 14 May 15.
	Exhibit D.  Memorandum, AFPC/DPTT, dated 26 May 15 w/atch.
	Exhibit E.  Affidavit, Applicant, received 2 Jun 15.  
	Exhibit F.  Letter, SAF/MRBR, dated 14 Aug 15.