RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02639
            INDEX CODE:  137.04

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her spouse’s  military  record  be  changed  to  show  he  elected  to
participate in the Reserve Component  Survivor  Benefit  Plan  (RCSBP)
with an election of Option B based on  full  retired  pay  for  Spouse
Only.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her  now  deceased  spouse  received  his  RCSBP  package   with   his
notification of 20 years of service letter.  She notes after  a  quick
review, he commented  he  did  not  believe  RCSBP  was  a  very  cost
effective program with the existing 55% to 35% social security  offset
and a windfall elimination provision that applied as a result of  them
both being civil service employees.  She states he soon after left for
technical training school with the intention of reviewing the  package
at a later date.  She contends very little information existed on  the
program and its options.  The briefings that were given  usually  took
place 35 or so miles away.  One RCSBP briefing she did attend left her
with the understanding that if her spouse died prior to  reaching  age
60 and had not turned in his election form, she would still receive  a
benefit but would have to wait until he would have reached the age  of
60 had he lived.  She states she was unaware of the 1 March 1999 to 29
February 2000 ‘open season’ as no briefings were  scheduled  nor  were
any dates published nor was any information given as to what an  ‘open
season’ was or what it offered members in the way of changing options.
 Her spouse was TDY for part of the ‘open season’ and upon his  return
was  reassigned  to  a  geographically  separated  unit  (GSU)   where
information from the home unit was not always  forthcoming.   Further,
after speaking with the military personnel flight (MPF) chief, she was
told a letter sent to her spouse at the time was returned  because  of
an incorrect mailing address.  She was not as concerned at the time as
she was under the false impression any open season would not apply  to
her.  She was finally enlightened when she attended  a  pre-retirement
briefing in anticipation of her own retirement and then found out what
happens when an individual does not return their RCSBP election forms.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement and copies of her now-deceased spouse’s travel orders, point
credit  summary,  a  local  base  newspaper,  reassignment  orders,  a
marriage and a death certificate.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On  9  March  1995,  the  decedent   received   his   20-year   letter
(Notification of Eligibility for Retired Pay at Age  60),  wherein  he
was notified of his eligibility to participate in  the  RCSBP  program
and what he needed to accomplish in order  to  do  so.   A  subsequent
RCSBP election package was sent to him on 30 March 1995.  He  made  no
election at that time and was consequently automatically  enrolled  in
RCSBP Option A, “Deferred Election Until  Age  60.”   He  died  on  23
December 2000, prior to his 60th birthday and after an open enrollment
period between 1 March 1999 and 31 March  2000.   An  open  enrollment
letter was sent to his mailing address but there  is  no  record  that
shows he elected to participate.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/PSD recommends  denial.   PSD  states  he  was  notified  of  his
eligibility in 1995 and again during an open season between March 1999
and March 2000.  Both times he was given 90 days with which to make an
election.  On neither opportunity did he  make  a  valid  election  to
participate.

PSD’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
September 2005 for review and comment within  30  days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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.   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
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  Her now-deceased spouse had two opportunities  to
elect SBP coverage prior to his death but did not do  so.   Therefore,
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(s)   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 AFBCMR Docket Number BC-
2005-02639  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 16 Aug 05, w/atchs.
    Exhibit B.  Letter, ARPC/PSD, dated 7 Sep 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 9 Sep 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair