RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01076
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased spouse’s records be  corrected  to  show  he  elected  to
participate in the Reserve Component  Survivor  Benefit  Plan  (RCSBP)
with Option C, based on full retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her deceased spouse and she were both members of  the  Washington  Air
National Guard (WAANG).  Her spouse retired on 7 January 1996 and died
on 1 May 1996.  She and her spouse had decided to take a reduced civil
service widows annuity knowing that full military widow benefits would
be paid to her upon her husbands death.  She retired in June 2004  and
noticed she had been given several RCSBP election options that her now
deceased spouse would have had but did not.   Over  the  past  several
years, she has worked to try and find out her entitlements as a  widow
of a retired service member.  She met with Fairchild AFB personnel and
was told the system showed her deceased spouse  to  be  alive  and  an
active member of the ANG.  His marital status  was  shown  as  single.
These oversights resulted in no  paperwork  ever  being  generated  to
award widow’s benefits to her.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement and copies of marriage and death certificates,  as  well  as
other related personnel paperwork.

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

_________________________________________________________________

STATEMENT OF FACTS:

The deceased member was notified of his eligibility to participate  in
the RCSBP by letter dated 31  December  1985.   He  made  no  election
during that time and was automatically enrolled in Option A, “Deferred
Election until age 60.”  During an RCSBP Open Season from 1 April 1992
through 31 March 1993, 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 letter was  sent
to the member’s mailing address but he again made no election.  Had he
lived, the member would have been afforded another opportunity to make
an election under the RCSBP on 5 November 1998 upon reaching  the  age
of 60.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states he had  two  opportunities  to
elect RCSBP prior to his death and chose not to participate in RCSBP.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends upon her retirement from the  WAANG,  she  received
RCSBP paperwork via registered mail.  She signed for the  package  and
noted she had 90 days to return the paperwork with her election.   She
contends her  spouse  should  have  had  the  same  paperwork  at  his
retirement.  She notes her husband was retired prior to his death  and
should have been given the same  options  all  other  retired  members
receive; such as an opportunity to update his election.  Further,  her
RCSBP paperwork stated should she be married and not make an  election
within the 90-day time-frame allowed, that Option C would  be  elected
for her.  She questions why Option C was not elected automatically for
her spouse.  Additionally, should one  decline  to  make  an  election
until age 60 and is married, then the spouse  must  concur  with  that
election and the spouse’s signature must be witnessed.  She states she
did not sign any agreement and notes that failure to comply  with  the
requirement to decline  election  until  age  60  and  obtain  spousal
agreement would  result  in  an  automatic  enrollment  in  Option  C,
Immediate Annuity.  She contends her deceased spouse did  not  receive
the same package she did because the ANG had  his  records  incorrect.
His records showed he was still an  active  member  of  the  ANG,  not
retired, and that he was single when, in fact, he  was  married.   She
has never waived her right to receive RCSBP and  his  election  should
therefore have defaulted to Option C as with any other married member.


Applicant’s complete response is at Exhibit D.

_________________________________________________________________

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.  The decedent was offered an opportunity  to  make
an RCSBP election prior to his marriage to the applicant.  He did  not
make an election at that time and was automatically enrolled in Option
C, Deferred Election until age 60.  Prior to his 1 May 1996 death,  he
had a second opportunity to make an election during an open season and
did not take advantage of it.  Therefore, 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-
2007-01076 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 2 Apr 07, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 24 Apr 07, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 27 Apr 07.
    Exhibit D.  Letter, Applicant, dated 10 May 07.




                                   KATHY L. BOOCKHOLDT
                                   Panel Chair