RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03822

						COUNSEL:  NONE
(DECEASED SERVICE MEMBER)	

						HEARING DESIRED:  NO
(APPLICANT)

APPLICANT REQUESTS THAT:

Her spouse’s Reserve Component Survivor Benefit Plan (RCSBP) election be changed from Option A (Defer making an election until age 60) to Option C (Immediate Annuity).

APPLICANT CONTENDS THAT:

Her spouse never received the RCSBP package.  He assumed the coverage would be automatic upon 20 years of service.

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

STATEMENT OF FACTS:

On 29 May 04, the applicant and the service member were married.  

On 1 Jan 13, the service member was released and transferred to the Reserve Retired List.

On 29 Aug 16, the service member passed away.

On 14 Nov 16, the AFBCMR staff requested the applicant provide a notarized marital status affidavit.  On 28 Nov 16, the applicant provided a notarized affidavit, which indicated she was not currently married.    

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 29 Sep 00, the former service member was notified regarding his eligibility to participate in RCSBP.  However, due to “a non-response and no eligible beneficiaries, Option A, ‘Defer making an Election until Age 60’, was automatically elected for him on 28 Dec 00.”

Service members of the Air Force Reserve and Air National Guard are sent a certified letter of their eligibility for the RCSBP and an explanation of the program and guidance on making elections.  The PS 3811, Domestic Return Receipt, acknowledging receipt of this notification and guidance, was signed on 29 Sep 00.

According to Section 1448 of Title 10, United States Code, 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 a dependent child.

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

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

By letter dated 25 Oct 17, the applicant states her deceased husband never received the RCSBP package because it was signed for by a disgruntled tenant who was pending eviction.

On 29 May 04, she and the service member were married.  In Oct 04, the service member completed all the required paperwork to add her and their sons to the Defense Enrollment Eligibility reporting System (DEERS).  In Aug 07, DEERS was updated again to add their newborn son and daughter.

A complete copy of the applicant’s rebuttal, with attachments, 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.  We took notice of the applicant’s complete submission in judging the merits of the case; however, 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, we find no basis to recommend granting the requested relief.

THE BOARD RECOMMENDS 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 relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2016-03822 in Executive Session on 15 Mar 18, under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 16 Sep 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 22 Nov 16, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 26 Sep 17.
	Exhibit E.  Applicant’s Rebuttal, dated 25 Oct 17, w/atchs.

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.