RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03751
                       INDEX CODE:  137.00

                       COUNSEL:  MR. B. R. MARTIN

                       HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATED: 7 JUNE 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s record be corrected to reflect he made an  election
to participate in the Reserve Component Survivor Benefit Plan  (RCSBP)
so that she may receive the annuity.

_________________________________________________________________

APPLICANT CONTENDS THAT:

They did not receive the survivor benefit package.  She does not  have
any record of receiving the survivor benefit package.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was notified on 12 April 1994,  of  his  eligibility  to
participate in the RCSBP when he was notified  of  his  completing  20
years of satisfactory service.

A certified package notifying the servicemember of his eligibility  to
participate in RCSBP was sent to his home address and his wife  signed
for  the  package  on  13  May  1994.   There  is  no   evidence   the
servicemember made an election within  the  90-day  suspense  and  was
automatically enrolled in Option A, “Deferred election until age 60.”

An enrollment package was forwarded to the servicemember at  his  home
address notifying him of the opportunity to enroll in RCSBP during the
open enrollment from 1 March 1999 through 29 February  2000.   Records
reflect the servicemember did not make an election at time.

The servicemember died on 12 November 2004.

_________________________________________________________________
AIR FORCE EVALUATION:

ARPC/DPS recommends denial.   DPS  states  the  election  package  was
mailed to the servicemember and was signed for on 13 May 1994.  It  is
required by Title  10,  USC,  Sec  1448(a)(2)(B)  that  servicemembers
wanting to participate in RCSBP must submit their election  within  90
days of receipt of the package.  ARPC has no record  of  receiving  an
election request from the  servicemember.   ARPC  again  notified  the
servicemember of an opportunity to enroll in  RCSBP  during  the  open
enrollment period from 1 March 1999 through 29 February 2000  and  the
servicemember failed to make  an  election.   The  applicant  will  be
eligible to receive medical care through  the  TRICARE  program  on  5
January 2009, when the servicemember would have turned 60  years  old.
They recommend the applicant contact the nearest  military  flight  to
inquire what other benefits she maybe entitled too.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  and
counsel on 7 January 2005, for review and response.  As of this  date,
no response has been received by this office.

On 7 February 2005, the applicant’s counsel requested her  application
be temporarily withdrawn (Exhibit D).

On 14 February 2005,  the  Board  staff  informed  the  applicant  and
counsel that her application had been  temporarily  withdrawn  and  to
contact the Board in writing when they were ready to proceed  (Exhibit
E).

On 5 June 2006, the applicant’s counsel requested the Board to  resume
the processing  of  the  applicant’s  request  for  an  RCSBP  annuity
(Exhibit F).

_________________________________________________________________

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 an error or an 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 and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or  injustice.   The
servicemember was notified by certified mail  in  April  1994  of  his
eligibility to participate in RCSBP.   The  notification  package  was
signed for by his wife on 13 May 1994.  He did not elect  coverage  at
that time. The servicemember had another opportunity  to  elect  RCSBP
coverage during an authorized open season enrollment, but failed to do
so.  Therefore, it appears that the servicemember was notified on  two
different occasions of his eligibility to enroll in RCSBP but did  not
apparently choose to exercise his opportunity to elect coverage.   The
applicant, as a widow of a retirement eligible member,  apparently  is
eligible for other benefits, such as the Commissary, Base Exchange and
Tricare.   Also,  the  Board  suggests  she   contact   the   Veterans
Administration to determine her possible eligibility for benefits.  In
view of the foregoing and in the absence of  substantial  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  this  application  in
Executive Session on 5 October 2006 under the provisions  of  AFI  36-
2603:

                             Mr. Michael K. Gallogly, Panel Chair
                             Mr. John R. Hennessey, Member
                             Ms. Kathy L. Boockholdt

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2004-03751 was considered:

      Exhibit A. DD Form 149, dated 29 Nov 04, w/atchs.
      Exhibit B. Letter, HQ ARPC/DPS, dated 4 Jan 05, w/atchs.
      Exhibit C. Letter, SAF/MRBR, dated 7 Jan 05.
      Exhibit D. Letter, Counsel, dated 7 Feb 05.
      Exhibit E. Letter, AFBCMR, dated 14 Feb 05.
      Exhibit F. Letter, Counsel, dated 5 Jun 06.




                             MICHAEL K. GALLOGLY
                             Panel Chair