RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	  DOCKET NUMBER:  BC-2013-02769

			COUNSEL:  NONE
		  HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her late spouse’s record be changed to show he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP).
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APPLICANT CONTENDS THAT:

When her late husband passed in 2005, she was miscounseled regarding benefits to include healthcare and pension.

In support of the applicant’s appeal, she provides a personal statement, retirement certificate, death certificate, and other related documentation.

The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 23 May 2000, the decedent was notified regarding his eligibility to participate in the RCSBP via certified mail.  
ARPC records show the decedent did not make an election during the 90-day period.  Prescribed by U.S.C. Title 10 Subsection 
1448, he was automatically enrolled under Option A, “Decline to Make an Election Until Age 60” dated 21 August 2000.  During 
this time, the decedent was married with eligible dependents.

The decedent died on 6 September 2005.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B.

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AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  DPTT states at the time of the 
service member’s death, the RCSBP annuity was not afforded to 
his survivors because he was not participating in the plan.  IAW 
U.S.C., Title 10, Subsection 1448(a)(2)(B), “A person who is 
eligible to participate in the plan and who is married or has a 
dependent child when he is notified that he has completed the 
years of service required for eligibility for reserve-component 
retired pay, and elects to participate in the plan by 
designation before the end of the 90-day period beginning on the 
date he receives such notification.” 

DPTT’s system confirms the applicant reported her husband’s 
death to ARPC on 28 March 2013.  During this time, the applicant 
was erroneously briefed that she was eligible to receive RCSBP 
annuity despite the expiration of the six year statute of 
limitation.  The counselor that improperly counseled the 
applicant has been given RCSBP program training.

In view of the fact that the service member was eligible for 
retired pay at age 60 (12 July 2011), his widow is eligible for 
an ID card, Base Exchange and Commissary privileges and may 
apply for medical and dental benefits through the TRICARE 
program.  She may be eligible for benefits through the Veterans 
Administration (VA) and may contact them.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 August 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office. 

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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 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 do not find the evidence sufficiently persuasive to override the rationale expressed by 
the Air Force office of primary responsibility (OPR).  The former service member did not make a valid RCSBP election for 
his eligible dependents at the time of his initial notification.  However, as indicated by the OPR the applicant is eligible for 
an ID card, Base Exchange and Commissary privileges and may apply for medical and dental benefits.  Therefore, we agree with 
the Air Force OPR opinion and recommendation and adopt its rationale expressed as the basis for our decision that the 
applicant has not suffered either an error or injustice.  Accordingly, 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 issues involved.  Therefore, the request for a hearing is not favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and the application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this application.
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The following members of the Board considered AFBCMR Docket Number BC-2013-02769 in Executive Session on 25 March 2014, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02769 was considered:

  Exhibit A.  DD Form 149, dated 28 May 2013, w/atchs.
  Exhibit B.  Letter, ARPC/DPTT, dated 1 July 2013, w/atchs.
  Exhibit C.  Letter, SAF/MRBR, dated 5 August 2013.
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