RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03701

	COUNSEL:

	HEARING: NO

APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to entitle her to a Reserve Component Survivor Benefit Plan (RCSBP) annuity.

APPLICANT CONTENDS THAT:

Her husband was not provided an opportunity to elect RCSBP at the time of his retirement.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The service member was a retired Air Force master sergeant who initially entered the Air Force Reserve on 11 Jun 76.

The service member and applicant were married on 25 Jan 91.

On 17 Sep 96, the service member was notified of his eligibility for RCSBP and to respond with an election under the plan within 90 days.  On 1 Oct 96, a PS Form 3811, Domestic Return Receipt, was signed, acknowledging receipt of the RCSBP package.

On 4 Jul 98, the service member was released and transferred to the Reserve Retired List to await retired pay at age 60.

On 15 Feb 16, the service member passed away.

On 28 Nov 17, the AFBCMR staff requested the applicant provide a notarized marital status affidavit.  On 18 Dec 17, the applicant provided a notarized affidavit that indicated she is not currently married.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit E.

AIR FORCE EVALUATION:

ARPC/DPTT recommends denying the application.  

On 17 Sep 96, the service member was notified regarding his eligibility to participate in RCSBP.  However, due to a non-response, Option A, “Defer making an Election until Age 60”, was automatically elected for the service member on 30 Dec 96.

Service members of the Air Force Reserve (AFR) and Air National Guard (ANG) are sent a certified letter of their eligibility for the RCSBP and an explanation of the program and guidance on making elections.  The PS 3811, Domestic Return Receipt, acknowledging receipt of this notification and guidance, was signed on 1 Oct 96.

The service member failed to provide a response within the 90-day period required by law and was automatically enrolled under Option A, “Defer making an election until age 60.” 

The complete advisory is at Exhibit E.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 4 Jun 18 for comment (Exhibit F), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error and injustice.  The Board concurs with the rationale and recommendation of ARPC/DPTT and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-03701 in Executive Session on 12 Jul 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atchs, 28 Nov 17.
Exhibit D:	Signed Affidavit, dated 18 Dec 17.
Exhibit E:	Advisory opinion, ARPC/DPTT, w/atchs, dated 26 Mar 18.
Exhibit F:	Notification of Advisory, SAF/MRBC to applicant, dated 4 Jun 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.