RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-03291

 							COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She be designated as the spouse beneficiary under the Reserve Component Survivor Benefit Plan (RCSBP).  

APPLICANT CONTENDS THAT:

She does not know whether her deceased husband received the certified letter regarding his retirement options but believes that he thought everything was taken care of when he produced the marriage certificate to his Reserve station.   She was never on Reserve weekend with him and has no idea what was done.  She is trying to determine her entitlement.  

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

STATEMENT OF FACTS:

On 1 October 2000, the former service member was transferred to the Retired Reserve List in the grade of Master Sergeant (MSgt, E-7), eligible for retired pay under 10 U.S.C. § 1331, except for attainment of age 60 (Date of Birth: 10 January 1958).    

In a letter dated 22 September 1997, ARPC/DPKB advised the former service member of his eligibility for retired pay at age 60.  The letter also advised the former service member he was eligible to participate in RCSBP and would receive information on the plan by certified mail within 30 days.  Postal Service (PS) Form 3811, post-marked 20 October 1997 by the Brockhurst Center Station, Anaheim, CA reflects the former service member signed for the certified package with title “RCSBP” on 20 October 1997.  

The parties were married on 14 August 1999 per the marriage certificate issued by County of Orange, California. 

A death certificate issued by the State of California reflects the former service member died on 8 July 2015.  

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.  Per 10 U.S.C § 1448(a)(5)(B), Manner and time of election: 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 the person marries or acquires a dependent child.  

On 20 October 1997, the former service member was notified regarding his eligibility to participate in RCSBP.  Due to a non-response and no beneficiaries, Option A, “Defer Making an Election Until Age 60” was automatically elected for him on 18 January 1998.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Reference the advisory opinion’s attachment regarding 10 U.S.C. § 1448(a)(5)(B), she understands that most letters are written in the language of the company or branch of government; however it is confusing.  She reads the highlighted area to state her spouse never informed the Air Force of their marriage.  Her spouse was not retired when they married and he did take the marriage information to March AFB, CA during one of his Reserve weekends to be placed in his records.  She knows the marriage information is in his records as she received all the paperwork (certificates) signed by the President during his retirement ceremony.  What happened after the paperwork was turned into proper channels is not their fault.

Where does it state that due to a non-response and no beneficiaries, Option A was automatically elected for him on 18 January 1998.  It is an assumption that the letter was received and ignored if there is no proof of receipt of the letter.  If there is proof, she requests a copy be provided to her.

At the time of the alleged letter, they were not married and he was not considering retirement.  If his records are correct, his retirement process did not start until the beginning of 2000.  The Air Force knew they were married at that time.

She awaits the Board’s reply and receipt of a copy of the signature receipt of the letter that seems to be the basis for the decision. 

The applicant’s complete submission 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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant contends her husband took the appropriate actions to notify Air Force personnel of their marriage which we do not dispute. However, the preponderance of the evidence substantiates the former service member did not request RCSBP coverage within one year of their marriage as required by law 10 U.S.C § 1448(a)(5)(B).  The evidence also supports, as indicated by the signed PS Form 3811, which is provided per the applicant’s request, the former service member received the certified package titled RCSBP on 20 October 1997 and did not provide a response.  While the Board is not unsympathetic to the applicant’s plight and the unfortunate death of her husband before his 60th birthday; we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or 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-2015-03291 in Executive Session on 28 June 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03291 was considered:

	Exhibit A.  DD Form 149, dated 29 July 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 10 December 2015, 
			  w/atch.
	Exhibit D.  Letter, AFBCMR, dated 19 February 2016.
	Exhibit E.  Letter, Applicant, dated 13 March 2016.
	Exhibit F.  PS Form 3811, dated 20 October 1997.