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AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-01709 

COUNSEL:  None 

HEARING DESIRED: No 

412,  1  3  LW 

- 

APPLICANT REQUESTS THAT: 

Her  deceased  husband's records be  corrected  to  show  he  made  a 
spouse only  election in  the  Reserve  Component  Survivor Benefit 
Plan (RCSBP) . 

APPLICANT CONTENDS THAT: 

Her deceased husband planned to take his Air Force retirement at 
age 60.  He also planned for her  (his wife) to receive survivor 
benefit  if  he  died  before  her  after  age  60.  However,  his 
untimely death at age 57 did not allow for the final papers to be 
added to his file which would have been completed at age 59%  and 
before  age  60.  This information is known now but  not  known in 
office and 
1995.  She received a DD Form 149 from Senator 
she went through her husband's papers and disco 
e Survivor 
Benefit Plan  (SBP) election certificate.  Had she known about the 
DD  Form  149  in the  beginning,  she  could  have  gone  through her 
husband's papers and submitted the form a long time ago. 

Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

The deceased m 
home  address : 
8 September  19 
received by HQ Air Reserve Personnel Center  (ARPC). 

1s 
on 
ncr 

2 

On  4  December  1981,  the  ARPC  Retirement  Branch  (ARPC/DPAAR) 
notified t h e   spouse of  the deceased member that he  had  not made 
an RCSBP election and informed her that if it was not received by 
11 September 1981, RCSBP coverage would not be  in effect. 

6 

98-01709 

On  28  December  1981,  ARPC/DPAAR  notified  the  spouse  of  the 
deceased member that an RCSBP election had not been received by 
the  deadline  and  informed  her  that  RCSBP  coverage  was  not  in 
effect  and  no  further election  could  be  made  until  the  member 
reached age 60. 

During  the  1  April  1992  through  31  March  1993  RCSBP  open 
enrollment,  HQ  ARPC,  using  an  open  season  master  listing, 
notified eligible members of an opportunity to change their RCSBP 
election.  Again there is no record of an election being received 
by the ARPC. 

Title  10, United States Code, Section 1448(a) ( 2 )  (B) established 
the requirement that a member submit the RCSBP election within 90 
days of receipt. 

The deceased  member  would  have been  eligible to participate  in 
the SBP on  7 August  1997, when  he  reached age  60.  He died on 
14 March 1995 at age 57. 

AIR FORCE EVALUATION: 

The Deputy Director of Customer Assistance, HQ ARPC/DR, reviewed 
this application and states that the member had two opportunities 
to participate  in the RCSBP and the  information sent  to him  on 
both  occasions was  sufficient  to  make  a  RCSBP  election.  They 
recommend relief be denied. 

A complete copy of the evaluation is attached at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

The applicant reviewed the advisory opinion and states that not 
until  she  initiated  the  request  for  her  deceased  husband's 
survivor benefits, did she realize how very little she understood 
about  the  military  retirement  system. 
She  never  signed  an 
agreement  waiving  her  survivor  benefits. 
In  addition,  she 
thought  that  her  husband  chose  not  to  accept  his  retirement 
immediately, but  rather chose to start receiving  it  at  age  60. 
She did not know that it was the law that forbade his receiving 
it until age 60.  Her husband kept very extensive records on his 
military  status.  She has  several cartons  full  of  old  orders, 
records, etc., which  she  didn't understand  so  she  never  fully 
went  through them.  She did  not  know what  to  look  for anyway. 
With  the help  of  two retired air national  guard  friends of  her 
husband, who knew of her plight, they finally sat down last month 
and started the arduous task of going through his records.  They 

. 

98-01709 

came across the  enclosed  SBP Election  Certificates.  Why  there 
are  three  she does not  know.  She does  know that  the  evidence 
points to the fact that he 'fully intended to make the election to 
cover  her. 
In  fact,  he  may  have  made  that  election.  The 
enclosed copies point in that direction.  They were married a few 
days  short  of  34  years.  In his  over  20  years of  serving his 
country, she supported him and her country fully.  She was not in 
the military  nor did  she fly airplanes, but  just  like him, she 
served her country and was very much a part of the military. 

Applicant's complete response, with  attachments, is attached at 
Exhibit E. 

THE BOARD CONCLUDES THAT: 

1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 

2.  The application was not timely filed; however, it  is in the 
interest of justice to excuse the failure to timely file. 

3.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate the  existence  of  probable  error  or  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 and adopt their rationale as the 
basis  for  our  conclusion  that  the  applicant  has  not  been  the 
victim  of  an error or injustice.  Therefore, in the absence of 
evidence  to  the  contrary,  we  find  no  compelling  basis  to 
recommend granting the relief sought in this application. 

THE BOARD DETERMINES THAT: 

The  applicant  be  notified  that  the  evidence  presented  did  not 
demonstrate  the  existence  of  probable  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 this application in 
Executive Session on 27 October 1998, under the provisions of AFI 
36-2603: 

Mr. Henry C. Saunders, Panel Chair 
Ms. Ann L. Heidig, Member 
Mrs. Barbara A. Westgate, Member 
Ms. Gloria J. Williams, Examiner  (without vote) 

3 

98-01709 

The following documentary evidence was considered: 

Exhibit A. DD Form 149, dated 12 June 1998, w/atchs. 
Exhibit B. Applicant's Master Personnel Records. 
Exhibit C. Letter, ARPC/DR, dated 22 July 1998 w/atchs. 
Exhibit D. Letter, AFBCMR, dated 13 August 1998. 
Exhibit E. Applicant's Response, dated 4 September 1998 

w/atchs. 

4 

QEPARTMENT  OF  THE  AIR  FORCE 

HEADQUARTERS  AIR  RESERVE  PERSONNEL  CENTER 

MEMORANDUM FOR AFBCMR 

FROM:  HQARPCDR 

6760 E Irvington Place #3000 
Denver CO  80280-3000 

SUBJECT: Application 

1. The requested action cannot be accomplished administratively at this headquarters. 

2.  The applicant is requesting that her spouse's record be corrected to show he made a spouse 
only election in the Reserve Component Survivor Benefit Plan (RCSBP) when he was first 
eligible. 

3.  The following is an analysis of the circumstances surrounding the case: 

a. The member's RCSBP election package was mailed to his home address- 

Sep 81 
1 Cente 

There is no record of an election being 

b. On 4 Dec 81, the ARPC Retirement Branch (ARPCDPAAR) notified the applicant 

that her spouse had not made an RCSBP election 
11 Dec 81, RCSBP coverage would not be in effec 

d her that if it was not received by 

. 

c. On 28 Dec 8 1 , the ARPC Retirement Branch (ARPCDPAAR) notified the applicant 

that an RCSBP election had not been received by the deadline and informed her that RCSBP 

not in effect and no further election could be made until the member reached age 

d.  During the 1 Apr 92 through 31 Mar 93 RCSBP open enrollment, HQ ARPC, using an 

open season master listing, notified eligible members of an opportunity to change their RCSBP 
election.  This information was sent to the member's home address: 
s home address as it appeared on the master lis 
tion being received by the ARPC. 

e.  The member had two opportunities to participate in the RCSBP and the information sent to 

him on both occasions was sufficient to make a RCSBP election. 

f.  The requirement that a member submit the RCSBP election within 90 days of receipt is 

clearly established by Title 10, United States Code, Section 1448(a)(2)(B). The member would 
have been eligible to participate in the Survivor Benefit Plan on 7 Aug 97, when he reached age 
60. 

g.  The member died on 14 Mar 95 at age 57. 

4. Recommendation:  Recommend the applicant’s request be denied.  If the decision is to grant 
the relief sought, the member’s record should be corrected to show that he elected full, deferred 
coverage for spouse only (Option BA) under the RCSBP, effective 10 Dec 81. 

5.  Action officer is Mr. Marvin Silva, HQ ARPCDRSE, DSN 926-6438. He can also be 
reached by fax at DSN 926-6255 or e-mail msilva@arpcmail.den.disa.mil. 

A” C. SHIPPY, Major, USAF 
Deputv Mrector of CustMer