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AF | BCMR | CY2002 | BC-2002-03081
Original file (BC-2002-03081.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-03081
                 INDEX CODE:       137.01
                 COUNSEL:  None

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to show that he elected to
participate in the Reserve Component Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She should be considered to  receive  an  annuity  under  the  Reserve
Component Survivor Benefit Plan.   In  support  of  her  request,  she
provides a statement from her son who contends that the couple planned
on using the military pension as part of  their  retirement,  but  the
former member died before they could enjoy their retirement  together.
He says that the former member  was  not  a  bookkeeper  and  that  he
intended to return the RCSBP form but he didn’t have the  opportunity.
The former member drowned on 9 June 2001 while fishing with friends.

In support of her request, applicant provided  a  statement  from  her
son, a copy of a memorandum of Notification of Eligibility for Retired
Pay at Age 60 and Audit of Retirement Points, and her  late  husband's
Certificate  of  Death.    Applicant's   complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member was notified of his eligibility  to  participate  in
the RCSBP when he first became eligible on  23  September  1999.   The
election package was sent by certified mail and was signed for by Mrs.
Thomes on 22 October 1999.  There is no evidence he made  an  election
at that time.  Prior to 1 January 2001 by law, [Title 10 U.S.C.,  Sec.
1448(a)(2), which governs RCSBP, members  must  complete  an  election
within 90 days of receipt, otherwise the member would automatically be
enrolled in Option A, deferred election eligible to make  an  election
at age 60.  The member died on 9 June 2001 at age 51.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS reviewed  applicant’s  request  and  recommends  denial.  The
member had an opportunity to elect RCSBP coverage but failed to do so.
 Mrs. Thomes is entitled to other benefits as the unremarried widow of
a  retirement  eligible  member.   She  is  eligible  to  utilize  the
Commissary, Base Exchange and other base services.  Upon the  date  in
which her husband would have turned age 60, the applicant will  become
eligible to receive medical care through the TRICARE program.  She may
also  be  eligible  for  benefit  entitlements  through  the  Veterans
Administration (VA).  The DPS evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  6
December 2002 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 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 error or injustice. After a thorough  review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that the deceased member’s records  should  be  altered  so  that  his
surviving spouse  will  be  eligible  to  receive  an  RCSBP  annuity.
Applicant’s contentions are duly noted; however, we do not find  these
assertions, in and by themselves, sufficiently persuasive to  override
the rationale provided by the Air Force. We therefore agree  with  the
recommendation of the Air Force and adopt the rationale  expressed  as
the basis for our decision that the applicant has  failed  to  sustain
her burden of establishing that she has suffered either an error or an
injustice. In view of the above and absent persuasive evidence to  the
contrary, we find no compelling basis to recommend granting the relief
sought.

_________________________________________________________________

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 Docket  Number  02-03081
in Executive Session on 21 Jaunary 2003 under the provisions of AFI 36-
2603:

                  Mr. Daivd C. VanGasbeck, Panel Chair
                  Ms. Patricia D. Vestal, Member
                  Mr. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 Nov 02, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPTR, dated 27 Nov 02.
   Exhibit C.  Letter, SAF/MRBR, dated 6 Dec 02.


                                   DAVID C. VANGASBECK
                                   Panel Chair

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