RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01955 INDEX CODE: 137.00 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’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 does not believe the servicemember was informed by the Air Force Reserve that he needed to request a change in his RCSBP coverage within one year following their remarriage because he worked away from home the entire time. He was diagnosed with Obsessive Compulsive Disorder (OCD) prior to his death by his family practice physician. He became pre- occupied with specific tasks and had difficulty focusing his attention on other tasks of importance. This is evident by his procrastination in applying for his Retired Personnel Payment, just 25 days before his 60th birthday. Although, he was finally diagnosed with OCD, she believes he suffered from it all his life. She tried to get him to seek psychiatric help in the 1970’s, but he would not because of the stigma he thought it might bring to his career. Whether his neglect in correcting the SBP coverage, during the year after their remarriage, was due to not receiving the information from the Air Force or from his mental health or memory deficits, it clearly evident that it was his intent to provide coverage as indicated on the DD Form 2656, Data for Payment of Retired Personnel, dated 5 May 09. She understands the Air Force rules and regulations are strict, but it seems there is an injustice to letting the regulations stand in the ways of the servicemember’s intent. In support of her appeal, the applicant provides copies of the servicemember’s Death Certificate, their marriage certificates, DD Form 2656, DD From 2656-7, Verification of Survivor Annuity, ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, and a letter from the Commander, Air Force Reserve Command. Applicant's complete submission, with attachments, is attached at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The servicemember was notified on 21 Dec 00, of his eligibility to participate in the RCSBP. He elected Option A, “Deferred election until age 60.” The servicemember was not married at the time of his election, as he divorced in January 2001. The servicemember and the applicant re-married in April 2002. He did not request to change his RCSBP coverage within one year of his remarriage. There is no evidence reflecting the servicemember made an RCSBP election during the authorized open enrollment from 1 Oct 05 through 30 Sep 06. The servicemember passed away on 16 May 09. 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 B. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP states they sympathize with the applicant, however, by law they cannot change the election. The servicemember’s original election made on 25 Apr 01, does not entitle the applicant to receive an RCSBP annuity. However, because the servicemember was eligible for retired pay at age 60, the applicant is eligible for an ID card, as well as base exchange and commissary privileges. Also, she is eligible to apply for medical and dental benefits through the TRICARE program. The complete ARPC/DPP evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 30 Jul 10, for review and comment within 30 days. 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The servicemember had been notified on two different occasions of his eligibility to enroll in RCSBP but did not apparently choose to exercise his opportunity to elect coverage before turning age 60. Prior to his 60th birthday, he submitted his application for retired pay along with his election for RCSBP. Unfortunately, his election for RCSBP is not valid because he passed away before his 60th birthday. While we find the circumstances of this case regrettable, we do not find a basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01955 in Executive Session on 5 Oct 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01955 was considered: Exhibit A. DD Form 149, dated 27 Apr 10, w/atchs. Exhibit B. Letter, HQ ARPC/DPP, dated 22 Jul 10, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 30 Jul 10. Panel Chair