RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04027

	COUNSEL: NONE

	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:

She believed the necessary paperwork for RCSBP was submitted at the time of her husband’s retirement. It was not until she contacted the Office of Personnel Management (OPM) regarding her husband’s death that she found out there were no survivor benefits.  

She recalls they discussed the options for survivor benefits for her in 1999, and they opted to elect the survivor benefit plan.  They also opted for minimal coverage from the Utah Air National Guard because they would be receiving more from the RCSBP.  She further recalls that the RCSBP election may have been submitted during an authorized open enrollment period from 1 Mar 99 to 29 Feb 00. 

A June 2017 response from her Congressional representative informed her that her husband was notified of his eligibility for RCSBP, but failed to respond within the time required by law.  Therefore, an automatic election of “Defer to make election until age 60” was made on his behalf.  However, since he passed away before attaining age 60, she is not eligible for RCSBP benefits.

She believes any errors or failures within the mail system or within the RCSBP records office were beyond their control.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The service member is a retired Air Force lieutenant colonel.

On 24 May 19, the service member was notified of his eligibility for RCSBP.

 On 19 Jul 91, a PS Form 3811, Domestic Return Receipt, was signed by the applicant acknowledging receipt of the RCSBP package.

On 10 Jan 99, the service member was released and transferred to the Reserve Retired List to await retired pay at age 60.

On 1 Dec 02, the service member passed away.

On 20 Nov 17, the AFBCMR staff requested the applicant provide a notarized marital status affidavit.  In response, the applicant noted she did not receive the request for the marital status affidavit until after the required 30 days suspense.  She further noted the notarized affidavit would be forthcoming.  However, as of this date, no affidavits have been received by this office.

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.  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.”

Service members of the Air Force Reserve and Air National Guard are sent a certified letter of their eligibility for the RCSBP and an explanation of the program and guidance on making elections.  On 24 May 91, the former service member was notified regarding his eligibility to participate in RCSBP.  The PS 3811 acknowledging receipt of the notification and guidance was signed on 19 Jul 91.  However, due to a non-response, Option A, “Defer making an Election until Age 60”, was automatically elected for the service member on 16 Oct 91.

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 not 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 or 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-2017-04027 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 13 Aug 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, w/atch, dated 20 Nov 17.
Exhibit D:	Letter, Applicant, w/atch, dated 3 Jan 18.
Exhibit E:	Advisory, ARPC/DPTT, w/atchs, 5 Apr 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.