RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02687

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS:

Her deceased husband’s Reserve Component Survivor Benefit Plan (RCSBP) election be changed to Option C, “Immediate Annuity for Spouse Only,” upon the date of their marriage, 17 Mar 89.  

APPLICANT CONTENDS:

Her husband’s intention was for her to receive his RCSBP benefits, and not his (deceased) mother.  His mother, who was born on 17 Oct 1906, passed away on 1 May 81.  DFAS says his mother’s death was not reported.  

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

STATEMENT OF FACTS:

The applicant’ husband, the former member, served in the Air Force Reserve.

According to the Defense Finance and Accounting Center (DFAS), the former member elected RCSBP NIP (Natural Interest Person or “Insurable Interest”) with immediate coverage on 3 Oct 79.  While DFAS does not have the original application, the birth date of the NIP (beneficiary) the member identified was 17 Oct 1906 (the birthdate of his mother).  On 8 Aug 88, he began drawing retired pay at age 60, from which RCSBP premiums were paid at the “Insurable Interest” rate.  He continuously paid RCSBP premiums at the NIP rated from 8 Aug 88 through the date of his death on 10 Jan 15.   

According to the documentation provided by the applicant:

1.  On 1 May 81, the mother of the former member passed away.  

2.  On 8 Aug 88, the former member began drawing retired pay at the age of 60. 

3.  On 17 Mar 89, the applicant and the former member were married. 

4.  On 10 Jan 15, the former member, passed away. 

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 2 Oct 79, the former member signed up for RCSBP, and selected “Insurable Interest.”  His mother passed away on 1 May 81.  The applicant contends both she and her husband believed she was the beneficiary of the RCSBP.  In accordance with Title 10, United States Code, Subsection 1448(a)(5)(B), “Manner and time of election — such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires that dependent child.”  Although we empathize with the applicant, we recommend denial of relief.

A complete copy of the ARPC/DPTT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In support of her request the applicant submits a brief statement and a six-page copy of a “Survivor Statutory Benefit Plan Participation and Widow-Applicant” document in which she addresses the ARPC evaluation line by line and concludes by thanking the Board for its time, effort and consideration of her prayer for relief. 

The applicant’s complete response, with attachment is at Exhibit E.  

THE BOARD CONCLUDES:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the evidence of record, to include the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  While we note the comments of ARPC/DPTT indicating relief should be denied because an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries, we believe a preponderance of the evidence substantiates corrective action is warranted.  In this respect, the Board is persuaded that since the former member initially selected “Insurable Interest” coverage for his RCSBP, his spouse was the only dependent the applicant had from the time he began paying RCSBP premiums in the 1980s up through his death in 2015.  Additionally the Board notes that over that same period of time he paid even higher RCSBP premiums than he would have under “Spouse Only” coverage.  The preponderance of the evidence establishes he was convinced his spouse was his “Insurable Interest” and fully intended her to receive his RCSBP benefits.  Therefore, we recommend the former member’s records be corrected as indicated below.  

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to the DECEASED FORMER MEMBER be corrected to show he elected Option C, “Immediate Annuity” for “Spouse Only” effective the date of marriage, 17 March 1989.  

The following members of the Board considered AFBCMR Docket Number BC-2015-02687 in Executive Session on 4 Nov 16 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02687 was considered:

	Exhibit A.  DD Form 149, dated 24 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 9 Jun 16.
Exhibit D.  Letter, SAF/MRBR, dated 6 Sep 16.
Exhibit E.  Letter, Applicant, dates 28 Sep 16, w/atch.  

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 the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.