RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02394
		
						COUNSEL:  NONE
(APPLICANT)
						HEARING DESIRED:  NO
(DECEDENT)

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

The decedent took care of his military affairs and he died unexpectedly in 2004.  It was not until recently she learned that he did not complete the DD Form 2656-5, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, which would have allowed her to receive an annuity upon what would have been his 60th birthday.  She did not have the chance to opt out of the Survivor Benefit Plan, which she would not have done.  

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

STATEMENT OF FACTS:

According to the decedent’s military personnel records, on 1 October 1999, he was transferred to the Retired Reserve in the grade of staff sergeant (E-5) to await retired pay at age 60.  

According to the Certificate of Death issued by the state of Texas, submitted by the applicant, the decedent died on 8 March 2004, at the age of 48.  The applicant and decedent were married at the time of his death.  

On 14 September 2016, a copy of the AFBCMR marital status affidavit was forwarded to the applicant to verify her marital status within 30 days.  As of this date, no response has been received by this office (Exhibit E).  

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

AIR FORCE EVALUATION:

ARPC/DPTT recommends approval.  HQ ARPC has no proof that the decedent was notified of the open season during the period of 1 October 1999 through 20 September 2000.  However, he was eligible for this benefit and it is believed that he would have chosen to cover his spouse during this time by electing Option B, “Provide Annuity at 60 if Deceased Prior to 60”, on the initial eligibility date of 3 February 2000.  

On 3 February 2000, via certified mail, the decedent was notified of his eligibility to participate in RCSBP.  However, records indicate that he did not make an election within the required time period prescribed by Title 10 United States Code, Subsection 1448 (a)(2)(B).  As such, he was automatically enrolled under Option A, “Defer Making an Election until Age 60”, which was effective 3 May 2000.  

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 15 September 2015 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We note ARPC/DPTT recommends approval because they have no proof that the decedent was notified of the open season during the period of 1 October 1999 through 20 September 2000 and they believe the decedent would have chosen to cover his spouse during the open season by electing Option B, “Provide Annuity at 60 if Deceased Prior to 60.”  However, we do not find sufficient evidence to indicate this would have been the case.  In this regard, we note the decedent did not make an initial election when given the opportunity causing his decision to be deferred until he reached the age of 60.  Notably, there was no evidence provided which supports he would have made such an election at a later time.  The Air Force complied with the law and properly notified the decedent of his eligibility to participate in RCSBP; however, there is no evidence of the decedent’s compliance or intent to elect RCSBP spouse coverage.  Although we are sympathetic to the applicant’s situation, in view of the foregoing, 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-2015-02394 in Executive Session on 11 May 2016 and 26 October 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 3 June 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 1 July 2015,    
                 w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 15 September 2015.  
	Exhibit E.  Letter, AFBCMR, dated 14 September 2015.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.