RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-
01253
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 15 OCTOBER 2006
___________________________________________________________________
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:
At the time of her husband’s death he had a total of 28 years of
satisfactory service.
Her husband never received the RCSBP package upon reaching 20 years
of service. A copy of the Domestic Return Receipt, dated 25 Aug
94, was signed by her husband’s brother. Her husband was divorced
when the RCSBP packet was sent.
She and her husband married on 22 October 1994. Had he received
the package he would have been aware of this and taken the
necessary steps to indicate the appropriate coverage. Her husband
left behind two children ages 9 and 14.
In support of her request, the applicant provided copies of her
late husband’s Certificate of Death, their Marriage Certificate,
their Birth Certificates, a Domestic Return Receipt for the RCSBP
packet, and the RCSBP participation letter.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 20 May 94, the former member was notified of his eligibility for
retired pay at age 60 and his eligibility to participate in the
RCSBP. At that time he was also advised he would receive a
detailed package regarding the RCSBP by certified mail within 30
days, and that he must submit his election form (ARPC Form 123)
within 90 days of receipt. The election package was sent by
certified mail and the former member’s brother signed for it on
25 Aug 94. There is no evidence he made an election at that time.
The member was automatically enrolled in Option A, “Deferred
election until age 60.”
The former member and the applicant were married on 22 Oct 94.
The former member’s date of birth is 30 Oct 49. He died on 5 Aug
02, prior to his 60th birthday.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS reviewed this application and recommends denial. They
do not believe an injustice has occurred. In accordance with Title
10, U.S.C., Section 1448, (5)(A)(B), the service member was
required to notify ARPC within one year of marriage.
The former member neglected to elect coverage when he was first
eligible in 1994, and again during the open enrollment period 1 Mar
99 to 29 Feb 00.
A complete copy of the evaluation, with attachments, is at Exhibit
B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 Apr 05, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
reply has not been received by this office (Exhibit C).
___________________________________________________________________
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 error or injustice. The former member
had two opportunities to establish survivor coverage in the
applicant’s behalf; within the first year of their marriage, and
during the 1999-2000 RCSBP open enrollment period. However, there
is no evidence that he made an election in her behalf. In view of
the foregoing, and in the absence of evidence to the contrary, we
find no compelling 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 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 Docket Number BC-2005-
01253 in Executive Session on 27 October 2005, under the provisions
of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Apr 05, w/atchs.
Exhibit B. Letter, ARPC/PSD, dated 27 Apr 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 29 Apr 05.
MICHAEL K. GALLOGLY
Panel Chair
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