RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03486 

COUNSEL: NONE 

 HEARING DESIRED: NO 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late husband’s record be changed to reflect he made an 
election for immediate spouse coverage under the Reserve 
Component Survivor Benefit Plan (RCSBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her late husband’s illness of colon cancer came on quickly. They 
thought they had more time to get the paperwork done. They were 
together for seven years prior to getting married in the hospital 
on 20 March 2010. 

 

In support of her appeal, the applicant provides copies of her 
late husband’s death certificate; RCSBP Election Certificate; 
Social Security Application for Survivor’s Benefits; Department 
of Veteran Affairs (DVA) Application for Dependency and Indemnity 
Compensation; Birth Certificates; Divorce Decrees; application 
for retired pay; Data for Payment of Retired Personnel; Retired 
Reserve Order; and DD Form 214, Report of Separation from Active 
Duty. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The service member was notified of his eligibility to participate 
in the RCSBP via a certified letter, dated 9 February 2002. 
Records indicate he was enrolled in Option C “Immediate Annuity” 
for child only effective 9 May 2003. The member remarried on 
20 March 2010 and died 20 April 2010. The decedent would not 
have turned age 60 until 18 June 2014. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends denial. DPTT states that according to Title 
10, United States Code, Section 1447 (7) (A), the applicant 
needed to be married to the service member for at least one year 
immediately before his death. They were married one month to 


date of the member’s death. (DPTT indicates the applicant wishes 
to correct the record to show they were married for one year; 
however, this request is not found in the applicant’s 
submission.) 

 

DPTT indicates that in view of the fact the decedent was eligible 
for retired pay at age 60, the applicant is eligible for an 
Identification Card, and Base Exchange and Commissary privileges. 
In addition, she will be able to apply for medical and dental 
benefits through the TRICARE program, when the decedent would 
have turned age 60 on 18 June 2014. 

 

The complete DPTT evaluation, with attachment, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 11 February 2011, for review and comment within 30 days. As 
of this date, this office has received no response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an 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. 
Thererfore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application. 

 

_________________________________________________________________ 

 

HE 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-2010-03486 in Executive Session on 28 June 2011, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-03486: 

 

 Exhibit A. DD Forms 149, dated 4 Oct 10, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 8 Feb 11, w/atch. 

 Exhibit C. Letter, SAF/MRBR, dated 11 Feb 11.