RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01955 

 INDEX CODE: 137.00 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late husband’s records be corrected to reflect he made a 
timely election for spouse coverage under the Reserve Component 
Survivor Benefit Plan (RCSBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She does not believe the servicemember was informed by the Air 
Force Reserve that he needed to request a change in his RCSBP 
coverage within one year following their remarriage because he 
worked away from home the entire time. 

 

He was diagnosed with Obsessive Compulsive Disorder (OCD) prior 
to his death by his family practice physician. He became pre-
occupied with specific tasks and had difficulty focusing his 
attention on other tasks of importance. This is evident by his 
procrastination in applying for his Retired Personnel Payment, 
just 25 days before his 60th birthday. Although, he was finally 
diagnosed with OCD, she believes he suffered from it all his 
life. She tried to get him to seek psychiatric help in the 
1970’s, but he would not because of the stigma he thought it 
might bring to his career. 

 

Whether his neglect in correcting the SBP coverage, during the 
year after their remarriage, was due to not receiving the 
information from the Air Force or from his mental health or 
memory deficits, it clearly evident that it was his intent to 
provide coverage as indicated on the DD Form 2656, Data for 
Payment of Retired Personnel, dated 5 May 09. She understands 
the Air Force rules and regulations are strict, but it seems 
there is an injustice to letting the regulations stand in the 
ways of the servicemember’s intent. 

 

In support of her appeal, the applicant provides copies of the 
servicemember’s Death Certificate, their marriage certificates, 
DD Form 2656, DD From 2656-7, Verification of Survivor Annuity, 
ARPC Form 123, Reserve Component Survivor Benefit Plan Election 
Certificate, and a letter from the Commander, Air Force Reserve 
Command. 

 


Applicant's complete submission, with attachments, is attached at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The servicemember was notified on 21 Dec 00, of his eligibility 
to participate in the RCSBP. He elected Option A, “Deferred 
election until age 60.” The servicemember was not married at the 
time of his election, as he divorced in January 2001. The 
servicemember and the applicant re-married in April 2002. He did 
not request to change his RCSBP coverage within one year of his 
remarriage. There is no evidence reflecting the servicemember 
made an RCSBP election during the authorized open enrollment from 
1 Oct 05 through 30 Sep 06. The servicemember passed away on 
16 May 09. 

 

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. DPP states they sympathize with the 
applicant, however, by law they cannot change the election. The 
servicemember’s original election made on 25 Apr 01, does not 
entitle the applicant to receive an RCSBP annuity. However, 
because the servicemember was eligible for retired pay at age 60, 
the applicant is eligible for an ID card, as well as base 
exchange and commissary privileges. Also, she is eligible to 
apply for medical and dental benefits through the TRICARE 
program. 

 

The complete 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 the applicant 
on 30 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 timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice. We took 
notice of the applicant's 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 
and adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. The 
servicemember had been notified on two different occasions of his 
eligibility to enroll in RCSBP but did not apparently choose to 
exercise his opportunity to elect coverage before turning age 60. 
Prior to his 60th birthday, he submitted his application for 
retired pay along with his election for RCSBP. Unfortunately, 
his election for RCSBP is not valid because he passed away before 
his 60th birthday. While we find the circumstances of this case 
regrettable, we do not find a basis to recommend granting the 
relief sought in this application. 

 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

_________________________________________________________________ 

 

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 Docket 
Number BC-2010-01955 in Executive Session on 5 Oct 10, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-01955 was considered: 

 

 Exhibit A. DD Form 149, dated 27 Apr 10, w/atchs. 

 Exhibit B. Letter, HQ ARPC/DPP, dated 22 Jul 10, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 30 Jul 10. 

 

 

 

 

 

 Panel Chair