RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2013-00351
      COUNSEL: NONE
                (MEMBER)		HEARING DESIRED: NO
                (APPLICANT)
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APPLICANT REQUESTS THAT: 

Her late husband’s record be corrected to show he elected spouse 
coverage under the Reserve Component Survivor Benefit Program 
(RCSBP).  

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APPLICANT CONTENDS THAT:

Her late husband was unable to make a RCSBP election since he 
never received the packet.  According to the Air Reserve 
Personnel Command (ARPC) Entitlements Section, the packet was 
returned “unclaimed.”  She has been depending on her three 
children for financial support since her husband’s death; 
however, they are married and have their own families to 
support.  

In support of her appeal, the applicant provides copies of a 
letter from ARPC Entitlements Section and her husband’s Death 
Certificate.  

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

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STATEMENT OF FACTS:

The applicant is a former member of the Air Force Reserve who 
passed away on 18 October 2005.  

The remaining relevant facts are contained in the letter 
prepared by the Air Force office of primary responsibility (OPR) 
at Exhibit C.  

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AIR FORCE EVALUATION:

ARPC/DPTT recommends approval.  DPTT states that on 29 July 
1996, ARPC attempted to notify the member of his eligibility to 
make an RCSBP election; however, the package mailed to the 
member was returned undeliverable.  At that time, Title 10, 
United States Code (USC), Subsection 1448, did not afford an 
automatic coverage for spouse and/or children if a member was 
eligible, but was not yet notified.  

DPTT indicates the member’s record should be corrected to show 
that he elected Option C, Spouse Only coverage, based on full 
retired pay, dated 29 July 1996.  His spouse should be 
retroactively paid the RCSBP annuity effective 19 October 2005, 
the day after the member passed away.  

The complete DPTT evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 24 February 2013, for review and comment within 30 
days (Exhibit D).  As of this date, this office has received no 
response.

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THE BOARD CONCLUDES THAT:

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

2.  The application was timely filed.  

3.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice.  After thoroughly 
reviewing the evidence in this case, we believe favorable 
consideration of the applicant’s request is warranted.  We note 
the Air Force office of primary responsibility (OPR) has 
indicated that Title 10, USC, Subsection 1448, did not afford an 
automatic coverage for spouse and/or children if a member was 
eligible, but not yet notified.  Therefore, we agree with the 
recommendation made by the Air Force OPR and adopt its rationale 
that the applicant has been the victim of an injustice.  
Accordingly, we recommend the member’s records be corrected to 
the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 29 
July 1996, he elected Option C under the Reserve Component 
Survivor Benefit Program for Spouse Only coverage based on full 
retired pay.  

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-00351 in Executive Session on 7 November 2013, 
under the provisions of AFI 36-2603:

	                    , Panel Chair
	                    , Member
	                    , Member

All members voted to correct the record as recommended.  The 
following documentary evidence for AFBCMR Docket Number BC-2013-
00351 was considered:

	Exhibit A.  DD Form 149, dated 16 Jan 13, w/atchs.
	Exhibit B.  Letter, AFPC/DPTT, dated 13 Feb 13, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 24 Feb 13.
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