RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03080 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late husband’s records be corrected to reflect that he made a 
timely election for spouse coverage under the Reserve Component 
Survivor Benefit Plan (RCSBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The paperwork was sent in and supposedly corrected by a staff sergeant 
in the Air National Guard (ANG) in RI. 

 

In support of her appeal, the applicant provides copies of the 
servicemember’s death certificate, marriage certificate, Reserve Order 
Number EL-3521, DD Form 2656, Data for Payment of Retired Personnel; 
and a letter from the Rhode Island ANG. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 7 January 1991, the deceased member was notified of his eligibility 
to participate in the RCSBP. He elected Option C, “Immediate Annuity 
for Children.” He was not married at the time of his election. On 8 
August 1993, the deceased member and the applicant were married. The 
deceased member did not request to change his RCSBP coverage within 
one year of his marriage as required by Title 10, USC Section 1448. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the Air 
Force, which is attached at Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPP recommends denial. DPP states there is no record reflecting 
the deceased member made an RCSBP election until 20 November 1997. 
He passed away on 16 May 2009. The deceased member did not request to 
change his RCSBP coverage within one year of his marriage as required 
by law. However, because he was eligible for retired pay at age 60, 


the applicant is eligible for an ID card, as well as base exchange and 
commissary privileges. In addition, she is eligible to apply for 
medical and dental benefits through the TRICARE program. 

 

The applicant states that ARPC received the request from the deceased 
member to update his records to reflect their marriage; however, ARPC 
informed him the notification was made past the one year by law 
requirement. 

 

The complete DPP evaluation, with attachments, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 8 October 2011, a copy of the Air Force evaluation was forwarded to 
the applicant, for review and comment within 30 days. 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. 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 
office of primary responsibility 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 his request. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that the 
application was denied without a personal appearance; and that 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-
2010-03080 in Executive Session on 21 April 2011, under the provisions 
of AFI 36-2603: 


The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Aug 10, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Letter, HQ ARPC/DPP, dated 1 Oct 10, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 8 Oct 10.