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AF | BCMR | CY2005 | BC-2005-01253
Original file (BC-2005-01253.doc) Auto-classification: Denied

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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