RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2006-
00348
                                             INDEX CODE: 137.01

                                             COUNSEL: NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE: 07 AUGUST 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased husband’s records be corrected to show he  elected  to
participate in the Reserve Component Survivor Benefit Plan (RCSBP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

She was informed that her former husband was  deemed  nonresponsive
to a Survivor Benefit Plan (SBP) package/election allegedly sent to
them via certified mail.  She has no recollection  of  ever  seeing
such a package.  Had they received such a package,  they  certainly
would have handled it as  the  serious  matter  that  it  was,  and
replied post haste.  She has learned since her husband’s death that
this package was mailed as registered mail with a suspense date  of
90 days, requiring an election of A,  B,  or  C  to  determine  her
annuity.  Had she received this SBP package she would have  brought
it to her husband’s attention, and he would have taken care of  the
selection in a responsible and timely manner, as he did with  every
other beneficiary or annuity-type action.

She has learned that the laws regarding SBP have changed  from  the
date of his election in 1999.  The law  now  requires  a  mandatory
spousal signature/consent effective 2001.  If  this  law  had  been
enforced at the time of her husband’s election, his non-response to
the SBP would not have happened.  She also learned  regular  active
duty Air Force  members  eligible  for  retirement  are  personally
scheduled for a mandatory SBP counseling.  She  is  being  punished
for something she had no knowledge of, or control over.  She  feels
let down after 34 years of marriage, 31 of  which  overlapped  with
her former husband’s choice of a career in the military.

In  support  of  her  request,  applicant  provided  her   personal
statement,  copies  of  her  late  husband’s  Point  Credit/Service
History, Certificate of Death, and their Marriage Certificate.

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

___________________________________________________________________




STATEMENT OF FACTS:

The former member was notified of his eligibility to participate in
the  RCSBP  by  letter  dated,  25  Sep  96,  after  completing  20
satisfactory years of  service.   The  election  package,  sent  by
certified mail, was signed for on 30 Oct 96, by the member.   There
is no evidence he made an RCSBP election at that time.  At the  end
of the 90-day suspense, he was automatically enrolled in Option  A,
Deferred Election until Age 60, 29 Jun 2010.  The  member  died  on
5 Dec 05, prior to his 60th birthday.

__________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS reviewed this application and recommends denial.

Title 10, U.S.C., Section 1448 (10 USC 1448), Second Session  1992,
states, a person who does not elect  to  participate  in  the  Plan
before the end of the 90-day period remains eligible, upon reaching
60 years of age and otherwise becoming entitled to retired pay,  to
participate in  the  Plan  in  accordance  with  eligibility  under
paragraph 1(A).

During the RCSBP open enrollment season, 1 Mar 99  to  29  Feb  00,
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.  An open enrollment information letter was sent  to
the member’s mailing address.  The member did not respond.

In Jan 01, Title 10 was  revised  to  reflect  automatic  coverage,
Option C (immediate annuity the day after  death),  if  the  member
does not respond, within the required 90-day period.  However,  the
new law is not retroactive  and  does  not  apply  to  members  who
acquired their 20 years of satisfactory service  prior  to  January
2001.  The member acquired his 20 years of service in 1996  and  is
therefore not eligible for the  provisions  under  the  2001  RCSBP
revision.

In 2001,  Title  10  USC  1448  enacted  new  changes  for  reserve
component members.  However, these  changes  do  not  retroactively
affect previous set laws.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by thanking the Air Force for pointing  out
that her husband did in fact sign for the RCSBP  package  that  was
sent certified mail.  She was surprised when  she  saw  the  signed
copy of the mailing slip.  She explains how her  husband  had  been
deployed to Aviano, Italy in September 1996, and three  weeks  into
his tour of duty suffered a  heart  attack,  and  was  hospitalized
there.  Two weeks later he was medevaced to Germany,  and  then  to
the National Naval Medical Center in Bethesda, MD where  he  had  a
cardiac cath and had cardiac stints placed.  On 23 Oct 96,  he  was
discharged, as evidenced by his medical records.  They arrived home
days later.  They must have just arrived  home  after  driving  all
night when her husband received the mailing.  He never mentioned it
to her.  She is sure that he intended to take care of it, as he was
always a responsible man.  The experience had  left  him  exhausted
and not feeling well.  He was not himself, and was not focusing  on
retirement paperwork at the time.  He had one thing  on  his  mind,
getting back to work.  He worked three jobs for  15  years  to  put
their sons through college.  He worked hard and died doing what  he
loved – working!

The complete response is at Exhibit E.

__________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

3. Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice.  We note  that  the  former
member was properly notified of his eligibility to  participate  in
the Reserve Component Survivor Benefit Plan (RCSBP), and on 30  Oct
96, signed for the election package and did not return his election
within the 90-day suspense period.  Although it appears  there  was
no error in this  case,  we  took  into  consideration  the  former
member’s serious health issues at the time the election package was
sent, and believe it may have been a contributing factor as to  why
he did not respond.  After reviewing his medical  records  and  all
the evidence in this case, we believe because he was still  dealing
with some very serious health issues at the time he quite  possibly
could have  overlooked  this  very  important  document.   In  this
respect, we recommend the records be corrected as indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating  to  APPLICANT,  be  corrected  to  show  that   effective
30 October 1996, he elected Reserve Component Survivor Benefit Plan
(RCSBP) spouse only coverage under Option C (Immediate Annuity).

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2006-00348 in Executive Session on 15 June and 14  August  2006,
under the provisions of AFI 36-2603:

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

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Jan 06, w/atchs.
     Exhibit B.  Applicant’s Master Personnel Records.
     Exhibit C.  Letter, ARPC/DPP, dated 17 Feb 06, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 06.
     Exhibit E.  Letter, Applicant, 17 Mar 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair




AFBCMR BC-2006-00348




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to [APPLICANT], be corrected to show that effective
30 October 1996, he elected Reserve Component Survivor Benefit Plan
(RCSBP) spouse only coverage under Option C (Immediate Annuity).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency