RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04980
		
		COUNSEL:  NONE
	(DECEASED SERVICE MEMBER)

		HEARING DESIRED:  NO
	(APPLICANT)


________________________________________________________________

APPLICANT REQUESTS THAT:

The service member’s records be corrected to reflect he made a timely election for spouse coverage under the Reserve Component 
Survivor Benefit Plan (RCSBP).
________________________________________________________________

APPLICANT CONTENDS THAT:

She was not aware of the election that her spouse made or that her signature was required on the form.

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

STATEMENT OF FACTS:

On 11 Sep 98, the service member was notified that he was eligible to participate in RCSBP.

On 18 Oct 98, the service member submitted his ARPC Form 123, Reserve Component Survivor Benefit Plan election.  He elected 
Option A, Decline to make an election until Age 60.

On 1 Apr 01, the service member was released from his reserve assignment and transferred retired reserve to await retired pay 
at age 60.

On 19 Sep 13, the service member passed away.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force, which is attached at Exhibit C.

________________________________________________________________


AIR FORCE EVALUATION:

ARPC/DPTT recommends granting the requested relief noting the 
service member was not provided opportunity to correct his 
election.  During the period in question the service member was 
married with children.  He submitted a request to decline to 
make an election for RCSBP until age 60.  ARPC received his 
request on 21 Oct 98.  The service member’s request should have 
been returned to obtain his spouse’s concurrence as required by 
law.  By law, spousal concurrence and signature are required if 
the election was for child only or a reduced level of coverage.  
ARPC failed to notify the service member he needed to make a 
correction to his election and to update his election in the 
system.  On 22 Mar 14, the applicant will be eligible for an 
identification (ID) card, Base-Exchange and Tricare benefits.

A complete copy of the ARPC/DPTT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 20 May 14 for review and comment 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 injustice.  We took notice of 
the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air 
Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the 
victim of an injustice.  Therefore, we recommend the records be corrected as indicated below.
________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the DECEASED FORMER MEMBER be corrected to 
show that on 18 October 1998, he elected spouse-only coverage, Option C, immediate coverage, under the Reserve Component 
Survivor Benefit Plan (RCSBP), based on full retired pay, naming the APPLICANT as the eligible spouse beneficiary.
________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-04980 in Executive Session on 9 Oct 14, under the provisions of AFI 36-2603:

		, Panel Chair
		, Member
		, Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

		Exhibit A.  DD Form 149, dated 21 Oct 13, w/atchs.
    	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPTT, dated 27 Nov 13, w/atchs.
    	Exhibit D.  Letter, SAF/MRBR, dated 20 May 14.
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