RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 IN THE MATTER OF: DOCKET NUMBER: BC-2012-03586 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased spouse’s record be corrected to reflect he elected 
immediate annuity spousal coverage under the Reserve Component 
Survivor Benefit Plan (RCSBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She did not know the Air Force needed a copy of her marriage 
certificate to allow her deceased husband’s RCSBP to reflect her 
as the beneficiary. He clearly expected to live past the age of 
60 as he opted to make his SBP election at that time. Her 
husband died unexpectedly leaving her to care for his mother. 
Their livelihood depends on that 55 percent of his retired pay. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Facts extracted from the Air Force office of primary 
responsibility’s evaluation reveal the member was notified of 
his eligibility to participate in the RCSBP on 13 February 2001. 
He completed the ARPC Form 123, RCSBP Certificate, and elected 
Option A, “Decline to make an election until age 60.” At the 
time, he was not married and had one dependent child. He passed 
away on 24 July 2012 at the age of 56 years old. 

 

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AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends denial. The member and the applicant were 
married on 30 December 2003. Neither the member nor the 
applicant notified the headquarters of the marital change. 
Title 10 U.S.C. 1448 (3) (A)(iii) states that any such election 
must be in writing, signed by the person making the election and 
received by the Secretary concerned within one year after the 
date on which that person marries or acquires a dependent child. 



There is no record of the decedent’s notification of his change 
in marital status. 

 

Should the Board elect to grant the relief sought, the applicant 
would be responsible for the RCSBP premiums effective the date 
of the coverage. 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant’s son wrote on behalf of the applicant stating 
that his step-father was unable to properly retire and receive 
his entitlements. He elected to receive his benefits when he 
turned 60, unfortunately, that never happened. His step-father 
served his country proudly and it would be an embarrassment to 
our country and veterans for the benefits to which they are 
entitled be forgotten due to a simple correction in legal 
paperwork that was overlooked. 

 

He asks the Boards review of the last will and testament and to 
understand the intent of the document. Although the decedent 
does not clearly address his military pension, he left all of 
his assets to the applicant. 

 

The applicant’s complete response, with attachment, 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 timely filed. 

 

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 that the 
deceased member made a clear election to decline to make an 
election until age 60. The facts and opinions stated in the 
advisory opinion appear to be based on the evidence of record 
and have not been adequately rebutted by the applicant. While 
the applicant’s situation is regrettable, we find no basis to 
grant the relief sought in the application. Accordingly, the 
applicant’s request 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 AFBCMR Docket 
Number BC-2012-03586 in Executive Session on 7 May 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

Although, chaired the panel, in view of her unavailability, 
has signed as Acting Panel Chair. The following documentary 
evidence was considered: 

 

Exhibit A. DD Form 149, dated 4 Aug 12, w/atchs. 

Exhibit B. Letter, ARPC/DPTT, dated 5 Oct 12, w/atchs. 

Exhibit C. Letter, SAF/MRBR, dated 16 Oct 12. 

Exhibit D. Letter, Response, dated 16 Nov 12, w/atch.