RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02261
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be changed to show she elected spouse coverage under
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
When she made the election for Option A, she was not married at
the time. She was not informed that she could change her
election when she got married in 2002.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified of her eligibility to participate in
the RCSBP via a certified letter dated 13 September 2000. She
made no election during that time and was automatically enrolled
in Option A, Decline to make an election until age 60.
The applicant married in 2002.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the applicant married in
2002; however, she did not request to change her RCSBP coverage
within one year of her marriage as required by applicable law,
Title 10, USC, Section 1448. During an open-enrollment season
from 1 October 2005 through 30 September 2006, members who had
previously elected less than full coverage, or no coverage for
their spouse/children, were able to change their elections to
cover their families; however, records show that she did not
participate during that time.
The applicant stated she was not informed that she could change
her election when she got married in 2002. The RCSBP package
that was sent clearly explained that if the member had any
questions or concerns to call. There is no record of the
applicant contacting ARPC.
The applicant will be eligible to make an election in the SBP
program approximately six months prior to her 60th birthday. If
the applicant chooses to make an election at that time, her
election will become effective on her 60th birthday; her spouse
will be eligible for an ID card, base-exchange, and commissary
privileges. Her spouse will be eligible to apply for medical and
dental benefits through the TRICARE program when the member turns
age 60. The applicants spouse can obtain additional information
from TRICARE. The applicants spouse may also be eligible for
benefits through the Veterans Administration and may contact them
for additional information.
The complete DPP evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states that in 2000 she
elected to decline making an election until age 60. She married
in 2002 and did not request to change her election because she
was not aware she had that option. When she added her husband as
a dependent, she was given information by her MPF and ARPC;
however, SBP information was not provided. She believes she
should have been given the opportunity to make a decision in 2002
to change her RCSBP option, but was not.
The letter from ARPC mentions an open season between 1 October
2005 and 30 September 2006. She was not sure how that
information was communicated to the Reservists, but she was not
contacted by mail, email, etc. or informed in any other methods
about that open season. She was made aware of the option to
change her SBP election from an article in the Airman Magazine.
The applicant's complete response is at Exhibit E.
_________________________________________________________________
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 injustice. The
applicants contentions are duly noted; however, we do not find
these uncorroborated assertions, in and by themselves,
sufficiently persuasive to override the evidence of record or the
rationale provided by the Air Force office of primary
responsibility. Therefore, 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. In
addition, the applicant indicates that she was not aware she had
the option of changing her election upon her marriage or of the
open season; however, she has not provided sufficient evidence to
show she did not have enough information available to her to make
an informed decision. The Board would like to point out that the
applicant will be eligible to make an election in the SBP program
six months prior to her 60th birthday. Therefore, in the absence
of evidence to the contrary, we find no basis to recommend
granting the relief sought.
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 issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2010-02261 in Executive Session on 19 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-02261 was considered:
Exhibit A. DD Form 149, dated 14 June 2010, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 30 July 2010, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 6 August 2010.
Exhibit D. Letter, Applicant, dated 30 August 2010.
Panel Chair
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