RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01142 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

His Reserve Component Survivor Benefit Plan (RCSBP) election be 
changed to reflect spouse and child coverage. 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

His 18 year old daughter, while attending high school, was 
severely injured in a nearly fatal hit and run auto accident, 
leaving her permanently disabled. Her family is her sole means 
of care and support. His daughter is totally incapacitated and 
he desires to have her covered under the RCSBP in the event of 
his death. He submits this request at this time, because since 
the accident, in 2005, his concentration has been on her 
survival. 

 

In support of his appeal, the applicant provides a letter of 
Medical Necessity of his daughter’s status. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was notified of his eligibility to participate in 
the RCSBP on 24 Jul 02. He met the 90-day law requirement and 
elected “spouse only, immediate coverage (Option C),” and it was 
updated on 4 Sep 02. The applicant’s daughter was involved in a 
near fatal auto accident on 11 Apr 05. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

ARPC/DPP recommends denial, noting, in part, the election made 
in the initial RCSBP package states an election made is 
“irrevocable,” except for a life changing event that is reported 
within one year of that event. The option selected on 4 Sep 02 
was for spouse only coverage and the applicant failed to take 
the appropriate action within the specified time frame to add 
his daughter who is incapacitated. 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

The applicant further explained the facts and circumstances 
surrounding his daughter’s accident and the events which 
transpired since. He notes that it was his oversight to not 
submit a change in his election within the one-year time frame. 
His energies had been concentrated on his daughter’s 
rehabilitation and he gave no thought to updating her status in 
the Defense Enrollment and Eligibility Reporting System (DEERS) 
until recently. 

 

In support of his appeal, the applicant provides a statement of 
medical sufficiency on behalf of his daughter. 

 

The applicant’s complete response, with attachments, is at 
Exhibit C. 

 

________________________________________________________________ 

 

THE ADDITIONAL AIR FORCE EVALUATION: 

 

The Air Force Review Boards Agency (AFRBA) Legal Advisor made no 
recommendation. He notes, since the applicant’s daughter became 
incapacitated before the age of 22, while a full-time student, 
she remains his dependent. The applicant does not specifically 
indentify an error or injustice in the 2002 election he made 
under the RCSBP, but points to the subsequent development of his 
daughter’s incapacitation as one that made his decision the 
wrong one. 

 

It is a settlement principle of the Board operations that an 
error or injustice need not be on the part of the Air Force, and 
that as a replacement for a private bill of relief, the panel 
can change this election if it finds it necessary to prevent 
what it sees as an injustice. Further, the applicant will be 
able to choose to provide SBP coverage for his daughter when he 
makes his SBP election at Reserve retirement at age 60 (which 
will occur in 2019). 

 

The AFRBA Legal Advisor’s complete evaluation is at Exhibit E. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: 

 

The applicant requests this change for humanitarian needs and to 
have the Air Force classify his daughter as incapacitated and 
that she be allowed to participate in all of the benefits under 
his service. 

 

The applicant’s complete response is at Exhibit G. 


 

________________________________________________________________ 

 

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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice warranting corrective 
action. The applicant requests spouse and child coverage under 
the RCSBP. The Air Force Reserve office of primary 
responsibility (OPR) and the AFRBA Legal Advisor have made a 
thorough assessment of the issues presented by the applicant. 
In looking at this case in its totality, we found no evidence of 
an error on the part of the Air Force. We have been advised the 
applicant had an opportunity to provide survivor benefit for his 
daughter during an open enrollment from 1 October 2005 through 
30 September 2006; however, it appears he did not. Nonetheless, 
the applicant has indicated during the time subsequent to the 
accident, all of his energy, efforts and concentration had been 
on his daughter’s survival and care. Consequently, we find it 
reasonable to believe had it not been for this very traumatic 
experience and the care needed to ensure his daughter’s 
survival, the applicant would have taken the proper steps to 
make certain that she was covered under the RCSBP. In view of 
the above, we believe the benefit of the doubt should be 
resolved in the applicant’s favor and, therefore, recommend his 
records be corrected to the extent 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 on 
24 July 2002, he elected spouse and child coverage under the 
Reserve Component Survivor Benefit Plan. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2009-01142 in Executive Session on 13 April 2010, 
under the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2009-01142 was considered: 

 

 Exhibit A. DD Form 149, dated 16 Mar 09, w/atchs. 

 Exhibit B. Letter, ARPC/DPP, dated 29 Apr 09, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 1 May 09. 

 Exhibit D. Letter, Applicant, dated 17 May 09. 


 Exhibit E. Letter, AFRBA Legal Advisor, dated 1 Feb 10. 

 Exhibit F. Letter, AFBCMR, dated 1 Mar 10, w/atch. 

 Exhibit G. Letter, Applicant, dated 15 Mar 10. 

 

 

 

 

 Panel Chair 

 

 


AFBCMR BC-2009-01142 

 

 

 

 

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 on 24 July 2002, he elected spouse and child coverage under the 
Reserve Component Survivor Benefit Plan based on full retired pay. 

 

 

 

 

 

 

 

 Director 

 Air Force Review Boards Agency