RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02886
		
						COUNSEL:  

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

She receive the deceased former military member’s Reserve Component Survivor Benefit Plan (RCSBP), effective the date of his death, 21 Jun 13.

APPLICANT CONTENDS THAT:

She does not remember consenting to the former military member’s 2006 designation of Option A, “Defer making an election until age 60,” effective 24 Mar 06.  It would be unjust not to receive her deceased husband’s RCSBP benefits now, because she never consented to his designation to defer benefits until the age of 60.  

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

STATEMENT OF FACTS:

On 6 Jun 02, the former military member signed ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, selecting OPTION C (Immediate Annuity), SPOUSE ONLY, coverage.  

On 28 Jul 04, the member’s divorce decree of his previous marriage was filed by the Superior Court of Washington, County of Clark.  

On 30 Jul 04, according to documents submitted by the applicant, she and former military member were married.  

On 28 May 06, the former military member was honorably discharged, and transferred to the Retired Reserve list effective 30 May 06.  

On 21 Jun 13, according to documents submitted by the applicant, her spouse, the former military member died.  

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  The former military member made his initial RCSBP election on 6 Jun 02, electing Option C, “Immediate Annuity” for “Spouse Only”.  He later divorced and married the applicant, on 30 Jul 04.  Upon retiring on 28 May 06, an election was updated to reflect Option A.  There are no source documents in the member’s records to support this election; therefore, their office deems this update as erroneous.  The former military member never notified their office of his divorce from his first spouse within one year of the event, and there is no documentation to support the current election of Option A in his records.  His election should revert back to Option C, “Immediate Annuity” for “Spouse Only”, effective 6 Jun 02, therefore allowing the applicant to become eligible for the RCSBP annuity. 

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s counsel advises the Board the applicant and he reviewed the OPR advisory opinion and fully agree with the opinion and recommendation.  

A complete copy of the applicant’s response is at Exhibit E.  

THE BOARD CONCLUDES THAT:

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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and 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 been the victim of an error or injustice.  Therefore, we recommend the deceased former military member’s records be corrected as indicated below.	

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the DECEASED FORMER MILITARY MEMBER be corrected to show that on 6 June 2002 he elected Option C, “Immediate Annuity,” for “Spouse Only,” under the Reserve Component Survivor Benefit Plan.  

The following members of the Board considered AFBCMR Docket Number BC-2015-02886 in Executive Session on 14 Dec 15 and 3 Aug 17, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 22 Feb 16.
	Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 16.
	Exhibit E.  Letter, Applicant, dated 6 May 16.  

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.