RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-04565

(DECEASED) 				COUNSEL:  NONE

(APPLICANT)				HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She receive her deceased husband’s Reserve Component Survivor Benefit Plan (RCSBP).

APPLICANT CONTENDS THAT:

Her husband died at the age of 51, before retirement age and served 25 years in the Air Force and Air National Guard.  She also claims hardship and the RCSBP would allow her to live in a senior living community.

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

STATEMENT OF FACTS:

On 13 Jul 57, the deceased member initially entered the Air Force Reserves.

On 20 Oct 75, the member was furnished an honorable discharge, and was credited with 16 years and 24 days of satisfactory service based on his time in the Air Force Reserve, Army Reserve and Regular Army.

On 18 Apr 03, according to the documentation submitted by the applicant, her husband 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.  In order to qualify for survivor benefits, a member must attain 20 years of satisfactory service in the Selected Reserve.  The member was discharged with only 16 years and 24 days of satisfactory service, therefore making him ineligible.  Furthermore, Per Title 10, USC Subsection 1448(a) (1), “Persons who would be eligible for reserve-component (RC) retired pay but for the fact that they are under 60 years of age,” are the only members eligible to make an election for RCSBP.”

A complete copy of the ARPC/DPTT evaluation with attachments are at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of her original request, the applicant submitted a personal letter reiterating her need for RCSBP and correction of her husband’s age at the time of his death from 51 years old to 73 years old.  (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.  We took notice of the applicant’s complete submission, to include her rebuttal response to the advisory opinion in judging the merits of the case; however, we 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 not been the victim of an error of 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-2015-04565 in Executive Session on 14 Dec 16 and 5 Mar 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-04565 was considered:

	Exhibit A.  DD Form 149, dated 21 Oct 15, w/atchs.
	Exhibit B.  Deceased member's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 10 Jun 16.
	Exhibit D.  Letter, AFBCMR, dated 15 Nov 16.
	Exhibit E.  Letter, Applicant, dated 25 Nov 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.