RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:
		 DOCKET NUMBER:  BC-2013-04887
			 COUNSEL:  NONE
			 HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

She is listed as beneficiary on all of her late husband’s benefits.  She cannot imagine not being listed as beneficiary for his retirement benefits as well.

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.


STATEMENT OF FACTS:

On 15 February 1994, the decedent became eligible for retired pay at age 60.

The decedent died on 21 February 2000 at the age of 46.


AIR FORCE EVALUATION:

ARPC/DPTT recommends approval.  DPTT states when a member becomes eligible for retired pay at age 60, a notification 
letter along with an RCSBP information package is sent by certified mail.  In accordance with U.S.C. Title 10 Subsection 
1448, “A member who is married or has a dependent child and who received notice of eligibility for retired pay and elects to 
participate in the plan and makes a designation before the end 
of the 90-day period beginning on the date he receives such 
notification.”  ARPC has no record of the member making an RCSBP 
election in response to the letter sent; therefore, he was 
automatically enrolled in Option A, “Decline to Make an Election 
Until Age 60.”  He was married with dependent children at the 
time of the automatic election.

The former service member’s record does not have a certified 
mail-card receipt for a delivered RCSBP information letter.  
However, an automatic election was updated in his record.

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.

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 May 2014, 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. 


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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error and injustice.  After 
thoroughly reviewing the circumstances of this case, the majority of the Board believes that favorable consideration of 
the applicant's request is warranted.  We note that ARPC has indicated there is no record of the former service member making 
an RCSBP election.  Additionally, ARPC also indicates there is no record of a certified mail-card receipt for a delivered RCSBP 
information letter.  As such, the Board majority believes the decedent was deprived of the opportunity to make an RCSBP 
election and therefore a victim of an error and injustice.  As such, the majority of the Board recommends the records be corrected as indicated below.


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to FORMER MEMBER, be corrected to show that:

	a.  On 15 February 1994, he made a timely and effective election of spouse coverage under the Survivor Benefit Plan, 
based on full retired pay; and 

	b.  On 22 February 2000, APPLICANT, submitted a timely and effective claim for a survivor benefit annuity.


The following members of the Board considered AFBCMR Docket Number BC-2013-04887 in Executive Session on 27 June 2014, under the provisions of AFI 36-2603:


By a majority vote, the Board recommended approval of the application.  XXXXXXXXXXx  voted to deny the applicant’s request 
but does not desire to submit a minority report.  The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 7 October 2013, w/atchs.
  Exhibit B.  Letter, ARPC/DPTT, dated 19 December 2013, w/atch.
  Exhibit C.  Letter, SAF/MRBR, dated 2 May 2014.
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