RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00978
                                             INDEX CODE:  137.04
      XXXXXXXXXXXXXXXXXXXXXXX           COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 September 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s record be changed to show he elected  to  participate  in
the Reserve Component Survivor Benefit Plan (RCSBP) with election Option  C,
based on full retired pay.

________________________________________________________________

APPLICANT CONTENDS THAT:

She is the widow of a deceased  United  States  Air  Force  Reserve  (USAFR)
member.

She was married to her husband for almost 37 years, 20 of  which  he  served
in the USAFR.  She was  appointed  as  his  personal  representative  on  24
October  2006,  as  being  authorized  to  “receive  all   monies,   income,
principal, interest and dividends of and belonging to said estate.”

Her husband never received the pre-retirement package so that he could  make
an election for the RCSBP.  It is her understanding that the package  should
have been received and returned to the Air Reserve Personnel  Center  (ARPC)
prior to his 60th birthday,  when  he  would  have  started  collecting  his
retirement pay.

In support of her application, she has provided copies of a  Certificate  of
Appointment, dated 24 October 2006, her late  husband’s  DD  Form  2  United
States Uniformed Services Identification Card, issued  11  March  1998,  her
late husband’s Certificate of Death, dated 17 October 2006, a HQ 315  MAW/CC
Letter, dated 26 January 1990, her late  husband’s  Retirement  Certificate,
dated 26 January 1990, and a Certificate of Appreciation, dated  26  January
1990.

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

________________________________________________________________



STATEMENT OF FACTS:

Applicant’s husband was assigned to the  Retire  Reserve  in  the  grade  of
technical sergeant, effective 26 January 1990, and was awaiting retired  pay
at age 60 when he passed away on 17 October 2006  (age  59,  DOB  28  August
1947).

Reservists  have  three  RCSBP  options  to  provide  protection  for  their
families.  By choosing Option A, a  reservist  declines  to  make  an  RCSBP
election until age 60.  They remain eligible to  select  RCSBP  coverage  at
age 60, and no RCSBP is payable to beneficiaries if the member  dies  before
reaching age 60.  By choosing  Option  B,  a  reservist  elects  to  provide
coverage for an annuity to begin on the 60th anniversary of their  birth  if
they die before reaching age 60, or to begin immediately if they should  die
after reaching age 60.  The choice of Option C results in  coverage  for  an
annuity to begin immediately upon their death,  regardless  of  age  at  the
time of death.

Once ARPC notifies reservists that they qualify for retired pay at  age  60,
they are eligible for the RCSBP.   Complete  information  on  the  RCSBP  is
included in the packet provided by ARPC which is sent by certified,  return-
receipt mail, about 30 days after the “Eligibility For Retired  Pay  at  Age
60” letter is mailed.  Members must choose this coverage during  the  90-day
period beginning the  day  the  “Reserve  Component  Survivor  Benefit  Plan
Information” packet is signed for,  regardless  of  their  military  status,
age, or health.  Prior to CY 2001, those  who  failed  to  select  an  RCSBP
option within the 90-day period were automatically enrolled into  Option  A,
Deferred Election Until Age 60.

Due to significant changes and improvements to the RCSBP, four open  seasons
have been legislated by Congress in 1981, 1992, 1999, and 2005.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial; however, if the decision is made  to  grant  the
relief  sought,  they  recommend  that  applicant’s  husband’s  records   be
corrected to show he elected full and immediate  coverage  for  spouse  only
(Option CA) under the RCSBP, effective 28 December 1988.

Her husband was notified of his eligibility to participate in the  RCSBP  by
letter dated 28 December 1988.  He  made  no  election  within  90  days  of
receipt of  notification,  and  was  automatically  enrolled  in  Option  A,
“Deferred Election Until Age 60.”

During the RCSBP Open Seasons 1 April 1992 through  31  March  1993,  and  1
March 1999 through 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.  An  open  enrollment  information  letter
was sent to applicant’s husband and he again did not choose to  participate.
 Had he lived, he would have been afforded another opportunity  to  make  an
election under the RCSBP upon reaching age 60 on 28 August 2007.

It is standard practice of the ARPC Retirement and  Separation  Division  to
send members a retired pay application  package  approximately  four  months
prior to their 60th birthday.  The package includes a  DD  Form  2656,  Data
for Payment of Retired Personnel, and instructions  for  completing  the  DD
Form 2656.  The back of the DD  Form  2656  is  an  RCSBP  election,  to  be
completed by members who have not made a previous RCSBP  election,  and,  if
such an election is made, it would  take  effect  on  their  60th  birthday.
Since applicant’s husband died  10  months  before  his  60th  birthday,  no
packet was sent.

Since her husband was eligible for retired  pay  at  age  60,  applicant  is
eligible for an ID card, BX and commissary  privileges,  and  to  apply  for
medical and dental benefits through the TRICARE program when he  would  have
turned age 60.  She may also be eligible for benefits through  the  Veterans
Administration.

The ARPC/DPP evaluation, with attachments, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  27
April 2007, for review and comment, within 30 days.   However,  as  of  this
date, no response has been received by this office.

________________________________________________________________

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.  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  his  surviving  spouse
would be eligible to receive an RCSBP annuity.  Applicant’s contentions  are
duly noted; however, we do not find these assertions, in and by  themselves,
sufficiently persuasive to  override  the  rationale  provided  by  the  Air
Force.  Applicant’s late  husband  did  not  make  an  RCSBP  election  upon
initial eligibility notification, or during at least two open  seasons  that
followed.  We therefore agree with the recommendations of the Air Force  and
adopt the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has failed to sustain her burden  of  having  suffered  either  an
error or an injustice.  In view of the above and absent persuasive  evidence
to the contrary, we find no  compelling  basis  to  recommend  granting  the
relief sought.

________________________________________________________________

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-2007-00978
in Executive Session on 7 June 2007, under the provisions of AFI 36-2603:

                       Ms. Kathy L. Boockholdt, Panel Chair
                       Mr. Alan A. Blomgren, Member
                       Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Mar 07, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 19 Apr 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 27 Apr 07.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair