RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05388

					COUNSEL:  NONE

		HEARING DESIRED:  NO 




APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to reflect that he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP).


APPLICANT CONTENDS THAT:

Her deceased husband and she thought they had complied with the marriage reporting requirements of the Reserve Component Survivor Benefit Plan (RCSBP), when their marriage data was entered in the Defense Enrollment Eligibility Reporting System (DEERS) upon being issued new military ID cards on 4 Feb 11, less than two months after being married on 16 Dec 10.  It was not until after her husband’s death that she was made aware that the RCSBP and DEERS were different information systems requiring redundant reporting of their marriage.  She was advised by ARPC staff that this is a common problem, and spouses have been awarded the survivor benefits after a correction to the military record.  

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


STATEMENT OF FACTS:

On 15 May 00, the deceased former member was assigned to the retired reserve section and placed on the Air Force Reserve retired list.

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 C.    




AIR FORCE EVALUATION:

ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice.  On 18 Aug 98, the deceased member submitted his ARPC Form 123, RCSBP Election Certificate, electing option A, “Decline to make an election until age 60.”  At the time of election, the deceased member was unmarried with no dependent children.  The deceased member married the applicant on 16 Dec 10, and failed to notify ARPC of the marital status change within the required timeframe.  In accordance with Title 10, USC, subsection 1448 (a) (5) (B), “Manner and time of election, such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date which that person marries or acquires the dependent child.”  The RCSBP information mailed to the deceased member stated any life changing events must be reported to ARPC/DPTT within one year of the event.  ARPC/DPTT has no record of the deceased member or his spouse reporting the marital change within the required time period.

A complete copy of the AFPC/DPTT evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a six page response including copies of her deceased husband’s and her military ID cards issued on 4 Feb 11, and copies of their 1989 and 2010 marriage certificates.  She reiterates their lack of knowledge regarding separate marriage reporting requirements for the RCSBP, describes the deceased member’s health issues, and brings to light that they had lived together since their first marriage in 1989, ending in a divorce to avoid any financial burdens due his declining health issues, and remarried in 2010 thinking the health issues had been resolved.  She cannot believe that the Air Force will use a technicality to cast aside a spouse who supported her deceased husband for so many years.  She hopes changes can be made to the marriage reporting requirements of the RCSBP so that other widows and widowers do not have to suffer the same consequences (Exhibit E).  


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 injustice.  We took notice of the applicant’s complete submission, including her rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  While the applicant’s contentions are duly noted, the deceased former member was advised of the requirement to report a life changing event for the purposes of the Reserve Component Survivor Benefit Plan (RCSBP) when he initially declined coverage.  While we find the applicant’s circumstance regrettable, she has presented no evidence to indicate that an error on the part of the Air Force caused her to be the victim of an injustice.  Furthermore, she has presented no evidence that she has been treated differently than others similarly situated.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2013-05388 in Executive Session on 29 Dec 14 under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 18 Nov 13, w/atchs.
	Exhibit B.  Deceased Former Member's Master Personnel
                 Records.
	Exhibit C.  Memorandum, ARPC/DPTT, dated 14 Jan 14,
	            w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 14.
	Exhibit E.  Letter, Applicant, dated 14 Feb 14, w/atchs.