RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02373

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant, through her son, requests that her late  husband's  records
be corrected so that she may  be  eligible  for  a  Reserve  Component
Survivor Benefit Plan (RCSBP) annuity.
_________________________________________________________________

APPLICANT CONTENDS THAT:

When her husband received the RCSBP Election Certificate, he filled it
out opting for Option C, Immediate Coverage.  Being a little  confused
about what it meant, he called the Air National Guard Personnel Office
at Fairchild AFB because he wanted to be sure his spouse would receive
survivor benefits no matter  what  happened  to  him.   The  personnel
office incorrectly told  him  that  only  his  wife  could  waive  her
survivor benefits, implying that her  benefits  were  in  good  order.
This led him to believe that he did not have to  return  the  DD  Form
1883 [sic].  He didn’t want to risk  returning  the  form  because  it
could possibly confuse things and thought it  best  not  to  risk  his
wife’s benefits by returning the form.
Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letter prepared  by
the appropriate office of the Air Force attached at Exhibit C.

_________________________________________________________________

AIR STAFF EVALUATION:

The Directorate  of  Customer  Assistance,  HQ  ARPC/DPS,  recommended
denial.  The member was notified of his eligibility to participate  in
the RCSBP when he was first eligible on  5  May  1993.   There  is  no
record of an election being made by the member.
During the 1999-2000 Open Enrollment Season (1 March 99 –  29 Feb 00),
member elected an RCSBP election for spouse only coverage.   Title  10
U.S.C., Section 1448, clearly states that  during  an  open  season  a
member must live at least two years from the date of election for  the
plan to take effect.   If  the  member  dies  prior  to  the  two-year
effective date, then the election will be void and the RCSBP  coverage
will revert to the previous election.  Member’s  election  would  have
been effective 29 Feb 02, however, he died on 31 Jan 01.
They state that the member’s son indicated that his father was told by
his personnel office that he did not need to  complete  the  forms  in
order to make an election under the RCSBP to provide  an  annuity  for
his wife.   However,  the  package  that  was  sent  to  the  deceased
applicant clearly states that, “If the completed election  form  (ARPC
FM 123) is not received at the Air Reserve Personnel Center (ARPC)  or
postmarked within 90 days, you will be  considered  to  have  made  an
election not to participate in the plan.”  The package also  contained
phone numbers to call if a person had any questions.
They further state that since the member completed over  20  years  of
satisfactory service, there are benefits that the applicant  would  be
eligible for, such as, commissary, base  exchange,  services,  medical
and dental  coverage  as  long  as  she  is  not  remarried.   If  she
remarries, she would no longer be eligible for these  benefits  unless
the marriage has ceased, either through death or divorce.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

The applicant submitted a response to the Air Force evaluation further
explaining the events  leading  up  to  the  member’s  retirement  and
initial request for Reserve  Component  Survivor  Benefit  Plan.   She
found fault in the evaluation’s analysis of the events that took place
during the  member’s  initial  enrollment  and  subsequent  enrollment
during the 1999-2000 Open Enrollment period.
Applicant’s complete response is at 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 probable error or injustice.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that her late husband’s records should be corrected so  that
she may receive  an  SBP  annuity.   The  Reserve  Component  Survivor
Benefit  Plan  (RCSBP)  information  package  sent   to   the   former
servicemember, when he was initially eligible  to  establish  survivor
coverage on the applicant’s behalf, specifically  advised  the  member
that his RCSBP election certificate had to  be  received  by  the  Air
Reserve Personnel Center (ARPC) within  90  days  of  receipt  of  the
package at his home.  Additionally,  the  package  included  telephone
numbers at the ARPC to call should he have  any  questions  about  the
program.  It was the member’s responsibility to contact that office to
verify any information he was unsure of.  A  review  of  the  evidence
submitted does not  reveal  that  the  deceased  member  was  provided
inadequate  information  concerning  the  Reserve  Component  Survivor
Benefit Program during that time.  In regard to the member’s  election
made under the open enrollment period, the law requires that a  member
must live at least two years from the date of the  election  in  order
for the election to take effect.  This Board’s  power  is  limited  to
what is allowed by existing law.  Therefore, we agree with the opinion
and recommendation of the Air Staff and adopt their rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  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 20 November 2001, under the provisions of AFI 36-
2603:

           Mr. David C. Van Gasbeck, Panel Chair
           Ms. Patricia D. Vestal, Member
           Mr. Michael J. Novel, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Jul 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPTR, dated 27 Sep 01, w/atchs.
   Exhibit D.  Letter, AFBCMR, dated 5 Oct 01, w/atchs.
   Exhibit E.  Letter, Applicant’s Response, undated




                                   DAVID C. VAN GASBECK
                                   Panel Chair