RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00217
            INDEX CODE:  137.01

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased spouses military record be changed to show he elected  to
participate in the Reserve Component Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her now deceased husband passed on 2  January  2005.   He  served  his
country with distinction for over 25 years with the US  Navy  and  the
Montana Air National Guard (MTANG).  Upon contacting the  Air  Reserve
Personnel Center (ARPC) regarding RCSBP benefits,  she  was  told  her
spouse had not made an election for coverage at the time  of  his  20-
year letter or during following open enrollment periods.  She provides
a copy of his  20-year  letter  wherein  it  is  stated  the  spouse’s
concurrence is required should the  member  elect  less  than  maximum
RCSBP  coverage.   She  states  she  never  received  nor  signed  any
documents waiving RCSBP.  Further, during subsequent open seasons  she
was not notified her spouse had no election on file.   She  notes  the
many changes to the RCSBP program over the years and blames  confusion
for hers and other’s problems.  She states the law changed in  January
2001, wherein spouses and  children  were  automatically  enrolled  in
Option C, ‘Spouse Only’ unless both the member and the  spouse  signed
the coverage away.  She asks why it took 20 years to change  the  laws
so families could receive entitlement to RCSBP.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement, the member’s death certificate, their marriage certificate,
a current application for election of RCSBP coverage (DD Form 2656-9),
letters of support, pertinent email trails, copies of several  letters
to Senator Burns and responses, copies of her now-deceased spouse’s 20-
year letter, RCSBP computation  information,  and  copies  of  current
RCSBP information/legislation.

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



STATEMENT OF FACTS:

The member was notified of his eligibility to participate in the RCSBP
by letter dated 6 February 1989.  The election  package  was  sent  by
certified mail and signed for by him on 8 March 1989.  He did not make
an election during that time and was automatically enrolled in  Option
A of the program, “Deferred Election Until Age  60.”   He  died  on  2
January 2005, prior to his  60th  birthday.   During  subsequent  open
enrollment periods from 1 April 1992 to 31 March 1993 and 1 March 1999
to 29 February 2000, members who had elected less than  full  coverage
or no coverage for their spouse/children were  able  to  change  their
election to cover their families.  Open enrollment letters  were  sent
to the member’s mailing address but he did not participate.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  DPP notes the applicant  cited  Public
Law 99-145 and stated she was required to sign for any  election  less
than full coverage.  Since the member did not make an  election  under
RCSBP, her concurrence was not required.  She  is  requesting  she  be
allowed to participate in the RCSBP under the current open  season  (1
October 2005 to 30 September 2006) in accordance with Title 10, United
States Code, Section 1448(g) (1).  However,  the  provision  for  open
enrollment is that an individual must be a member or former member  of
the Uniformed Service and  must  live  for  two  years  following  the
election.  The member was required to make an RCSBP election within 90
days of receipt of notification.  He did not make an election in 1989,
nor during the two following open enrollment periods of 1  April  1992
to 31 March 1993 and 1 March 1999 to 29 February 2000.

DPP’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends her now-deceased husband was  very  meticulous  and
promptly responded  to  all  military  service  related  documents  as
requested.  She questions a letter her spouse  had  received  dated  1
March 1999 from HQ ARPC notifying him  of  an  RCSBP  Open  Enrollment
period.  She contends the letter indicates it was  only  sent  because
her husband had made an earlier election.

_________________________________________________________________

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 probable 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
she would receive an RCSBP annuity.  The Board  noted  that  the  now-
deceased former member received the initial RCSBP package at his  home
on 8 March 1989, and did not  respond  to  it.   Two  subsequent  open
seasons were also not acted on.  Therefore, 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, and in the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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-
2004-00217 in Executive Session on 15 June 2006, under the  provisions
of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Marcia J. Bachman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jan 06, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 13 Mar 06, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Mar 06.
    Exhibit D.  Letter, Applicant, dated 7 Apr 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair