RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04267 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be changed to show that he made a Reserve Component 
Survivor Benefit Plan (RCSBP) election for “spouse only.” 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He is a disabled veteran who is dying of esophageal cancer. 

 

He was given an opportunity to make a spousal election upon 
retirement from the Oklahoma Air National Guard (OANG). 
However, at the time he and his spouse were separated, and he 
neglected to check the form. Shortly after their separation, he 
and he spouse reconciled and have been married for almost 36 
years. 

 

He assumed he would have time to make the spousal retirement 
election at age 60 when he became eligible for benefits and 
correct the error at that time. However, due to his diagnosis 
of cancer, he will not see the age of 60 years. He wants a 
chance to correct this horrible mistake. 

 

His spouse ran his company when he was deployed and he could not 
have done this without her support. Her support gave him the 
freedom to serve his country and to deny her the rights of his 
retirement benefits is a grave injustice. 

 

In support of his request, the applicant provides a personal 
statement. 

 

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

 

_______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

According to the information provided by the Air Force office of 
primary responsibility, the applicant was notified of his 
eligibility to participate in RCSBP via a certified letter on 
10 Oct 1996. He made no election and was automatically enrolled 
in Option A, “decline to make election until age 60.” 

 


_______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ ARPC/DPTT recommends denial. DPTT states the former service 
member was required to make a RCSBP election within 90 days of 
receipt of notification; however, he did not make an election 
when eligible in 1997. Members who elected less than full 
coverage or no coverage for their spouse/children were able to 
change their election coverage during the RCSBP Open Seasons 
from 1 Mar 1999 through 29 Feb 2000 and 1 Oct 2005 through 
30 Sep 2006, respectively. The applicant was provided 
notification of both open enrollments; however, he made no 
elections for RCSBP coverage. 

 

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

 

_______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 19 Jan 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days. To 
date, a response has not been received (Exhibit C). 

 

_______________________________________________________________ 

 

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 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 the relief sought in this application. 

 

_______________________________________________________________ 

 

 

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 this application 
in Executive Session on 10 May 2012, under the provisions of AFI 
36-2603: 


 

The following documentary evidence was considered in AFBCMR BC-
2011-04267: 

 

 Exhibit A. DD Form 149, dated 26 Oct 2011, w/atch. 

 Exhibit B. Letter, ARPC/DPTT, dated 13 Jan 2012, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 19 Jan 2012.