RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04415 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s record be changed to reflect he made an election for spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: Her late husband served many years in the military just waiting for the day he would turn 60 to be eligible to draw his Reserve retirement. At the time he was notified that he was retirement eligible and had the opportunity to elect RCSBP, he was divorced; therefore, he did not make an election. She is currently drawing her late husband’s civil service retirement which indicates she would be the proper beneficiary to draw his Reserve retirement upon his death. His death occurred only six months after his diagnosis and during that time his mind was not thinking about his RCSBP election. She would greatly appreciate the Board’s decision to allow her to draw his Reserve retired pay. In support of her appeal, the applicant provides copies of her late husband’s death certificate and an Air Reserve Personnel Center notification of retirement eligibility. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The decedent was a former member of the Air Force Reserve who was progressively promoted to the grade of technical sergeant (E-6). The remaining relevant fact, extracted from the decedent’s military service records are contained in the evaluation by the Air Force office of primary responsibility at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPT recommends denial. DPT states the former member was notified of his completion of the required years of service under the provisions of Title 10, United States Code (USC), Section 1331, to be entitled to Reserve retired pay upon application at age 60. In addition, the notification informed him of his eligibility to participate in the RCSBP. He made no election during that time; therefore, he was automatically enrolled in Option A (Declined to make an election until age 60) in accordance with Title 10, USC, Section 1448. DPT indicates that during open enrollment season, 1 March 1999 through February 2000, members who had elected less than full coverage or no coverage for their spouse/children were able to change their election to cover their families. The record shows the decedent elected not to participate at this time. Members had another opportunity to participate in the RCSBP open enrollment during the 1 October 2005 through 30 September 2006 open season. The record shows the decedent also elected not to participate at this time. The applicant stated the decedent was not married at the time of eligibility; however, the record shows Headquarters Air Reserve Personnel Center sent a spousal notification letter to the member’s spouse because the member did not make an election. The postal receipt was signed for on 19 February 1991. DPT states that in view of the fact the decedent was eligible for retired pay at age 60, the applicant is eligible for an Identification Card, Base-Exchange and Commissary priviledges. She is also eligible to apply for medical and dental benefits through the TRICARE program. She also may be eligible for benefits through the Veterans Administration. The complete DPT evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 January 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-2010-04415 in Executive Session on 9 August 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-04415: Exhibit A. DD Form 149, dated 16 Nov 10, w/atchs. Exhibit B. Letter, ARPC/DPT, dated 5 Jan 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 28 Jan 11.