RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			 DOCKET NUMBER: BC-2016-01067 

  						 COUNSEL:  NONE

 						 HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

When she and her husband married, they were not told to make changes to the RCSBP.  They were only told to update their Dependent Eligibility and Enrollment Reporting System (DEERS) record.  

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

STATEMENT OF FACTS:

On 15 Oct 02, the applicant’s husband retired from the Air National Guard (ANG), after serving 21 years, 05 months, and 02 days of total service for pay.   

On 31 Jul 06, the applicant and her husband were married.  

According to the documentation submitted by the applicant:

1.  Her husband passed away on 8 Jul 15. 

2.  She is not remarried.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.    

AIR FORCE EVALUATION:

ARPC/DPTT recommends granting the applicant’s request, indicating there is evidence of an error or an injustice.  Members of the Air Force Reserve (AFRES) and Air National Guard (ANG) are sent a certified letter of their eligibility for the RCSBP and an explanation of the program and guidance on making elections.  However, ARPC has no proof the applicant’s deceased spouse was aware of his opportunity to make election nor the timeframe to ensure election is honored.  The deceased member’s record do not reflect the RCSBP forms were received by the member.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 30 Jun 17 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.  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 ARPC/DPTT 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 applicant'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 APPLICANT’S SPOUSE be corrected to show on 31 July 2006, he elected coverage for his spouse under the Reserve Component Survivor Benefit Plan based on full retired pay.    

The following members of the Board considered AFBCMR Docket Number BC-2016-01067 in Executive Session on 29 Aug 17 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-2016-01067 was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 4 Nov 16, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 30 Jun 17.

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.