RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00703 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late husband's records be changed to reflect that he elected 
to participate in the Reserve Component Survivor Benefit Plan 
(RCSBP) with election (Option C) based on full retired pay 
during an Open Enrollment Season. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her husband elected to enroll in the RCSBP with spouse only 
election based on full retired pay by signing, initialing, and 
submitting a DD Form 2656-9, Survivor Benefit Plan (SBP) and 
Reserve Component Survivor Benefit Plan (RCSBP) Open Enrollment 
Election, on 11 August 2006. 

 

In support of her appeal, the applicant provides copies of her 
late husband's Certificate of Death; a DD Form 2656-9, signed by 
her husband on 11 August 2006; a letter from the National 
Personnel Records Center, dated 6 February 2009; an AF Form 60, Military Sponsor Program Information, dated 29 March 1972; her 
husband's DD Form 214, Armed Forces of the United States Report 
of Transfer or Discharge and Resume; and correspondence related 
to a Congressional Inquiry to her Congressional representative. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The former servicemember was assigned to the Retired Reserve in 
the grade of technical sergeant and was awaiting retired pay at 
age 60 when he died on 1 Dec 08 at age 58. 

 

 


The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits B and D. 

 

_______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPP recommends denial noting, by law, the applicant was 
required to make an RCSBP election within 90 days of receipt of 
notification. He did not make an election when he was eligible 
in 1993. During an Open Season from 10 October 2005 through 
30 September 2006, 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. The former 
member requested information on the Open Enrollment; it was 
mailed to his home address on 20 March 2006. He did not return 
an application to upgrade his current election to provide 
immediate RCSBP coverage for his spouse during that Open 
Enrollment season. Had he lived, he would have been afforded 
another opportunity to make an election under the SBP program 
upon reaching age 60 (4 Feb 10). ARPC/DPP indicates they cannot 
correct the former member’s records to reflect he elected to 
participate in the RCSBP because he failed to make an election 
within the 90-day period in accordance with the governing 
statute. 

 

A complete copy of the ARPC/DPP evaluation, with attachments, is 
at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to applicant on 
24 Apr 09 for review and response within 30 days. As of this 
date, no response has been received by this office (Exhibit C). 

 

________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

The Agency Legal Advisor has made no specific recommendation as 
the facts are not clear in this case and either granting or 
denying this application is a reasonable outcome. Although the 
applicant's former spouse appears to have completed the 
appropriate paperwork to enroll in the RCSBP during an open 
enrollment period, that paperwork was reportedly not received by 
ARPC. It is not clear as to whether the member changed his mind 
and did not enroll and did not tell the applicant, failed to 
mail it through oversight or neglect, or the paperwork was 
misplaced either in the mail or at ARPC. Although the 
application itself is silent on the issue of mailing, the 
applicant has stated in her letter to her Congressperson that 


she cannot prove her husband mailed this paperwork; thus, it 
appears the paperwork was not mailed and if there is proof of 
mailing, the applicant does not appear to be able to locate it. 
It is within the Board's discretion as to whether to extend the 
benefit of doubt to the applicant in these circumstances or rely 
upon the presumption of regularity that if the election 
paperwork had been mailed, it would have been received and 
processed. 

 

A complete copy of the Legal Advisor’s evaluation is at 
Exhibit D. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

Counsel indicates the facts of this case are very clear. 
According to counsel, the former member completed and signed an 
RCSBP application to receive coverage. In his view, the 
preponderance of evidence supports the entitlements to SBP 
benefits. 

 

Counsel’s complete response is at Exhibit F. 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

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

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. After 
thoroughly reviewing the evidence of record and the 
documentation provided in support of this appeal, a majority of 
the Board is not persuaded to change the former servicemember’s 
records to reflect he elected coverage under the RCSBP. In this 
respect, the majority notes that when the member became 
retirement eligible, he chose to defer his election until age 
60. While it appears he completed the paperwork to enroll in 
the RCSBP during an open enrollment period, we find no evidence 
showing the documentation was ever received by the Air Reserve 
Personnel Center (ARPC). We note the applicant’s assertion the 
member completed the paperwork electing spouse only coverage and 
submitted the documentation and, therefore, the facts of this 
case are clear and the evidence supports her entitlement to SBP 
benefits. However, the majority does not agree. The majority 
does not believe the evidence presented is sufficient to show 
that although the paperwork was completed, it was indeed mailed 
and received by ARPC. Given the presumption of regularity in 
the operation of governmental affairs, it must be believed that 


had the paperwork electing RCSBP coverage been mailed it would 
have been received and processed. In view of the above, and in 
the absence of sufficient evidence to the contrary, the majority 
concludes the applicant has failed to sustain her burden of 
establishing she has suffered either an error or an injustice. 
Accordingly, the majority finds no basis to recommend granting 
the relief sought in this application 

 

________________________________________________________________ 

 

RECOMMENDATION OF THE BOARD: 

 

A majority of the panel finds insufficient evidence of error or 
injustice and recommends the application be denied. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2009-00703 in Executive Session on 23 Feb 10, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

By a majority vote, the Board voted to deny the application. 
Ms. Mulligan voted to correct the records but did not desire to 
submit a minority report. The following documentary evidence 
was considered: 

 

 Exhibit A. DD Form 149, dated 4 Feb 09, w/atchs. 

 Exhibit B. Letter, ARPC/DPP, dated 2 Apr 09, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 24 Apr 09. 

 Exhibit D. Letter, Legal Advisor, dated 13 Jul 09. 

 Exhibit E. Letter, AFBCMR, dated 15 Jul 09. 

 Exhibit F. Letter, Counsel, dated 31 Aug 09. 

 

 

 

 

 

 Panel Chair 

 

 

 

 

 

 


 

 

AFBCMR BC-2009-00703 

 

 

 

 

 

 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD 

 FOR CORRECTION OF MILITARY RECORDS (AFBCMR) 

 

SUBJECT: AFBCMR Application of 

 

 I have carefully reviewed the evidence of record and the recommendation of the Board 
members. A majority found the applicant had not provided sufficient evidence of error or 
injustice and recommended the case be denied. I concur with that finding and their conclusion 
that relief is not warranted. Accordingly, I accept their recommendation that the application be 
denied. 

 

 Please advise the applicant accordingly. 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency