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AF | BCMR | CY2010 | BC-2010-00389
Original file (BC-2010-00389.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00389 

 INDEX CODE: 137.00 

 

XXXXXXXXXXXXX COUNSEL: NONE 

 
HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late husband’s records be corrected to show her eligibility 
to receive benefits under the Reserve Component Survivor Benefit 
Plan (RCSBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her late husband’s record is in error because at the time of his 
death, he was eligible for Reserve retirement pursuant to Title 
10, United States Code (USC), Section 12731, thereby making his 
spouse eligible to receive RCSBP effective the date of his 
death, 19 Oct 09. 

 

The Board should find that in the interest of justice she is 
entitled to the RCSBP. 

 

In support of the appeal, the applicant submits extracts from 
Title 10 USC 12731; a copy of a Records Review Record of 
Individual Personnel (RIP) reflecting the former member’s Point 
Service History; a copy of the death certificate, and a letter 
from the former member’s commander. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

By letter, dated 2 Nov 00, the Air Reserve Personnel Center 
(ARPC) notified the decedent that he was eligible to participate 
in the RCSBP. However, he made no election within 90 days and 
was automatically enrolled in Option A, “Decline to make an 
election until age 60.” 

 

During the RCSBP open enrollment season of 1 Oct 05 through 
30 Sep 06, records indicate the former member requested 
information in regard to open enrollment; however, he did not 
participate at that time. 


 

The member died on 19 Oct 09, while serving in the Air Force 
Reserve. At the time of his death, he had completed 29 years 
and 3 months of satisfactory Federal service. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPP recommends denial and states, in part, that while they 
sympathize with the applicant, by law they cannot change the 
election. The member was notified, by letter, of his 
eligibility to participate in the RCSBP in 2000 and that he had 
90 days in which to make an election. However, he made no 
election during this period and by law, he was automatically 
enrolled in Option A – Decline to make an election until age 60. 
This election does not entitle the spouse to receive an RCSBP 
annuity. The applicant is eligible for an ID card and Base 
Exchange and commissary privileges, since the member was 
eligible to receive retired pay at age 60. She is also eligible 
to apply for medical and dental benefits through the TRICARE 
program, when the former member would have turned age 60, 
14 Apr 13. 

 

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

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 5 March 2010 for review and comments, within 30 
days. However, as of this date, no response has been received 
by this office (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 to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission and her late husband’s 
military records in judging the merits of the case; however, 
while we sympathize with the applicant, we agree with the 
opinion and recommendation of the Air Force Reserve office of 
primary responsibility (OPR) and adopt its rationale as the 
basis for our conclusion that the applicant has not been the 
victim of an error or injustice. Therefore, 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 the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-00389 in Executive Session on 13 October 2010, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 Jan 10, w/atchs. 

 Exhibit B. Decedent's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPP, dated 24 Feb 10, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 5 Mar 10. 

 

 

 

 

 Panel Chair 

 

 


 



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