RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02089 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased husband’s records be corrected to show that he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: Her husband received the paperwork for the RCSBP in 1990, when he was only 40 years of age. He was young and thought he had a long time to live. Had he understood the importance of the form, and knowing his family would not receive any benefits, he would have signed it. She was told that when she turned 60 she could apply for the benefits. In support of her request, the applicant provides a personal statement and a copy of her husband’s death certificate. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 27 Feb 90, the former member was notified of his eligibility for retired pay at age 60 and his eligibility to participate in the RCSBP. The election package was sent by certified mail to the member’s home address. The member made no election during that time and as prescribed by Title 10, United States Code (USC) Section 1448, was automatically enrolled in Option A (Defer to make an election until age 60) effective 25 Jun 90. The former member’s date of birth is 3 May 50. He died on 27 Dec 03, prior to his 60th birthday. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. DPTT states that based on the information provided, by law the former member made an irrevocable election under Title 10 USC, Section 1448. The member was afforded one opportunity to upgrade his election after his original election was updated. Congress declared 1 Mar 99 through 29 Feb 00 an SBP Open Enrollment Season. Members, who had previously elected less than full coverage or no coverage for their spouse/children, were afforded the opportunity to change their election to cover their families. During this timeframe, DPTT’s system/record shows that the member did not elect to participate in the RCSBP program. The complete DPTT evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that her husband’s original copy of the RCSBP letter was with his important paperwork and was never signed. She received condolence letters from different departments, but not one letter or call came from the Air National Guard, where her husband served for 37 years of his life. She understands the process is law, but her family is entitled to this benefit. In her rebuttal response, the applicant provides copies of condolence letters and the RCSBP packet her husband received. The applicant's complete response, with attachments, is at Exhibit D. _________________________________________________________________ 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, to include her rebuttal 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 that 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. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 Docket Number BC-2012-02089 in Executive Session on 19 Dec 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 May 12, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 25 Jun 12, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 27 Jun 12. Exhibit D. Letter, Applicant, not dated, w/atchs. Panel Chair