RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02646 (DECEASED) COUNSEL: NONE (APPLICANT) HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. Her deceased husband’s military records be corrected to reflect he elected spouse and child coverage under the Reserve Component Survivor Benefit Plan (RCSBP). 2. Her deceased husband’s military records be corrected to reflect her first name as Tamara, not Tumara. (Administratively resolved) APPLICANT CONTENDS THAT: Her deceased husband failed to update his RCSBP electing spouse and child coverage within one year of their marriage (21 Nov 92), in accordance with current law. However, communications with her deceased husband’s last assigned unit’s finance office and DFAS indicated that the documentation they had established her as the beneficiary of his RCSBP annuity. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 17 Mar 06, the former military member retired from the Air Force Reserve in the grade of colonel (O-6), placed on the Air Force Retired List, and was credited with 28 years, 6 months, and 25 days of service per Title 10 U.S.C. Section 12732. On 7 May 14, the former military member passed away. On 3 Jul 14, the deceased former military member’s AF Form 58, Casualty Assistance Summary, was transmitted from the 88FSS/FSFR to AFPC/DPWCS identifying “NO ELECTION” applied to the deceased military member’s SBP/RCSBP. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit E. AIR FORCE EVALUATION: DFAS-JFBE/CL recommends denial indicating there is no evidence of an error or an injustice. RCSBP allows Reserve component members to provide an annuity based on their retired pay to qualified survivors. The Department of Defense Financial Management Regulation, Vol 7B, Chapter 54, Para 540601(A) states “if a member has no eligible class of beneficiary at the end of the 90-day period, the member may later elect for an eligible class of beneficiary, if the election is completed within one year of acquiring a spouse or dependent child. The military member elected RCSBP coverage for child only, full coverage, on 3 Jan 88. At that time, he did not have a spouse. On 21 Nov 92, the military member married the applicant. He did not notify the Reserve Center within one year of the marriage that he wished to cover his spouse under the RCSBP. However, on 4 Jan 06, the military member signed ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, electing RCSBP full coverage, spouse only, for the applicant. In accordance with the laws governing RCSBP, the applicant is not entitled to the deceased member’s RCSBP annuity because he did not notify the Reserve Center that he remarried and wanted to cover the applicant under RCSBP within one year of their marriage. Should the Board approve the applicant’s request for RCSBP coverage, DFAS will need to collect retroactive premiums prior to releasing annuity payments. A complete copy of the DFAS evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded to the OPR’s advisory by providing a timeline of communications with DFAS regarding SBP coverage, copies of DFAS letters confirming they had all the documentation needed to establish her RCSBP annuity, and notification of her SBP premium debt, incurred as a result of annuity costs and/or interest not fully paid by the military member before his death, requiring payment in full prior to receiving her annuity payments. Included in her response are copies of a personal check payment towards the debt to DFAS, her bank account verifying the check debited to her bank account, and two annuitant account statements indicating her SBP annuity payments sent to her bank in Oct and Dec 14 (Exhibit G). ADDITIONAL AIR FORCE EVALUATION: DFAS-JFBE/CL reiterated their previous recommendation of denying the applicant’s requested relief of correcting her deceased husband’s military records to reflect he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). They did acknowledge there is no evidence that the military member was advised that he could not make the election of full spouse RCSBP coverage on 4 Jan 06, when he signed the ARPC Form 123 doing so. Upon the death of the former military member, a DFAS technician changed the RCSBP type of coverage in the Retired Casualty Pay System to reflect coverage for the spouse indicating she was the beneficiary. As a result, she was led to believe she was eligible for the RCSBP annuity, received correspondence from DFAS regarding her eligibility, and requested she pay a debt for RCSBP costs prior to her receiving annuity payments. She remitted a personal check to DFAS in the amount of $8,275.73. If the Board should rule to grant relief, they will adjust the account and the cost debt accordingly, and the applicant will be entitled to the RCSBP annuity. Otherwise, they will refund her $8,275.75 payment. A complete copy of the DFAS evaluation is at Exhibit H. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Additional Air Force evaluation was forwarded to the applicant on 13 Jul 15, for review and comment within 30 days (Exhibit I). On 14 Jul 15, she responded via email stating that she received/read the additional evaluation, she had no additional information, and to proceed forward with her case (Exhibit J). 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 error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an injustice. While we note the comments of the Defense Finance and Accounting Service (DFAS-JFBE/CL) indicating that relief should be denied because the former military member did not notify the Reserve Center that he married and wanted to cover his spouse under Reserve Component Survivor Benefit Plan (RCSBP) within one year of their marriage; the preponderance of evidence convinces us that corrective action is warranted. We noted that prior to retirement, on 4 Jan 06; the former military member signed ARPC Form 123, electing RCSBP coverage for his spouse (applicant), full coverage, spouse only. There is no evidence the former military member was advised that since he previously made a RCSBP election for child only, he could not make another election upon retirement (his son, born 23 Sep 75, and daughter, born 13 Feb 79, were no longer eligible RCSBP beneficiaries). Upon the death of the former military member, the applicant was led to believe by the Ohio Air National Guard (ANG) Retirement Services Office (RSO) and DFAS that she was the beneficiary of the former military member’s RCSBP. DFAS advised the applicant of a debt (unpaid RCSBP premiums) due, and she wrote a check that DFAS processed for the balance of the debt. Based upon the numerous administrative errors committed by the Air Force and DFAS in this matter, resulting in the applicant receiving RCSBP annuity payments, we believe it would be in the interest of justice to recommend the former military member’s records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the FORMER MILITARY MEMBER be corrected to show that: a. On 22 November 1992, he elected spouse and child coverage under the Reserve Component Survivor Benefit Plan (RCSBP), based on full retired pay, naming APPLICANT and DEPENDENT CHILDREN as the beneficiaries. b. Approval should be contingent upon recovery of SBP premiums. The monthly SBP annuity will be applied to the premium debt until the total amount of premiums owed is recovered. The following members of the Board considered AFBCMR Docket Number BC-2014-02646 in Executive Session on 18 Aug 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02646 was considered: Exhibit A.  DD Form 149, dated 6 Jun 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Letter, SAF/MRBR, dated 17 Jul 14. Exhibit D.  Affidavit, Applicant, dated 8 Aug 14, w/atchs. Exhibit E.  Memorandum, DFAS, dated 29 Aug 14. Exhibit F.  Letter, SAF/MRBR, dated 17 Nov 14. Exhibit G.  Letter, Applicant, dated 3 Dec 14, w/atchs. Exhibit H.  Memorandum, DFAS, dated 7 Jul 15. Exhibit I.  Email, AFBCMR, dated 13 Jul 15, w/atch. Exhibit J.  Email, Applicant, dated 14 Jul 15.