RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00206
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect she made a timely election
for spouse coverage under the Reserve Component Survivor Benefit
Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was never briefed or informed on the requirements to elect
spouse coverage under the RCSBP. She never received a letter
informing her of her retirement options. The Air Force Reserve
Center (AFRC) indicates they have a copy of a certified receipt
in their system but she never received it.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant after completing 20 years of satisfactory service
was notified of her eligibility to participate in the RCSBP on
11 Dec 97. She failed to make an election at that time and was
automatically enrolled in Option A, Decline to make an election
until age 60.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. AFRC/DPP notes they have the
certified mail receipt in their system, but due to a technical
error it is not accessible. AFRC/DPP further states the
applicant failed to make an election within the mandatory time
period required in accordance Title 10 U.S.C.
The complete ARPC/DPP evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 16 Jul 10, for review and comment within 30 days. 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 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 an error or injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
that the applicant has failed to sustain her burden of proof of
the existence of an error or injustice. Other than her own
assertions, she has provided no evidence that she was not
properly notified and advised of her eligibility to participate
in RCSBP. In view of the above and in the absence of evidence to
the contrary, we find no 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 a 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-2010-00206 in Executive Session on 14 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Dec 09.
Exhibit B. Letter, ARPC/DPP, dated 24 Jun 10, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 16 Jul 10.
Panel Chair
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