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AF | BCMR | CY2010 | BC-2009-02505
Original file (BC-2009-02505.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02505
            INDEX CODE:  137.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased spouse records be corrected to show he elected spouse  coverage
under the Reserve Component Survivor Benefit Plan (RCSBP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her spouse initially chose Option A (Decline to Make Election Until Age  60)
in 1998; however, he later requested a change in election to  allow  her  to
receive immediate coverage under the RCSBP.  The confirmation of receipt  of
his election was lost after a flood.  She  has  a  heart  condition  and  is
unable to work.  Her spouse’s civilian retirement pay is not enough for  her
to live on.

In support of the application, the applicant submits a copy of her  spouse’s
death certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former servicemember died on 17 Oct 07.  He would have been afforded  an
opportunity to elect RCSBP coverage on  29  Jul  09  –  his  60th  birthday.
Because he was eligible for retirement pay at age 60, his widow is  eligible
for an Identification Card, Base Exchange and  Commissary  privileges.   She
is also eligible to apply  for  medical  and  dental  benefits  through  the
TRICARE program.  His original election (Option A, deferred  election  until
age 60), made in Jan 91, does not entitle the applicant to receive an  RCSBP
annuity.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPP recommends denial.  DPP notes the ARPC Form 123, RCSBP  Election
Certificate, reflects the servicemember elected Option A,  decline  to  make
an election until age 60.  DPP  records  indicate  he  requested  enrollment
information during the open season (1 Mar  99  thru  29  Feb  00);  however,
records show he did not make an election during that time.

The complete DPP evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states the election package was mailed to  the  wrong  address
and wonders if her husband ever received the information.   He  always  told
her she would receive a retirement annuity should he die.   She  is  totally
and permanently disabled.  She has applied for  other  disability;  however,
the process is very long.

The applicant’s complete submission 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 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  of  an  error  or
injustice regarding the applicant’s request for benefits  under  the  RCSBP.
The evidence of record shows that the  applicant’s  deceased  husband,  upon
notification of his eligibility  for  retired  pay  at  age  60,  originally
elected Option A under the RCSBP thereby electing not  to  make  a  decision
regarding coverage for the applicant until he reached  age  60.   While  the
applicant indicates she questions whether her  husband  ever  received  this
notification based on the address indicated, the ARPC Form 123  reflects  an
Option A election and the signature of her husband.  The evidence of  record
does show the deceased  service  member  requested  and  was  sent  a  RCSBP
package during the 2005-2006 open season; however, there is no  record  that
he submitted the package electing coverage for  the  applicant.   While  the
applicant’s circumstance  is  regrettable,  in  the  absence  of  sufficient
evidence showing that her deceased husband elected benefits on  her  behalf,
we find no basis to grant the requested  relief.   Therefore,  we  recommend
the requested relief be denied.

_________________________________________________________________

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  BC-2009-02505  in
Executive Session on 6 May 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jul 09, w/atch.
    Exhibit B.  Letter, HQ ARPC/DPP, dated 19 Aug 09, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Sep 09.
    Exhibit D.  Statement, Applicant, dated 5 Oct 09.




                                   Panel Chair

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