RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02619
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His deceased spouses record be changed to show she elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP).
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APPLICANT CONTENDS THAT:
His spouse was not informed of RCSBP eligibility after she left the Reserve or upon their marriage. It is his understanding all personnel retiring from active duty receive a personal face-to-face SBP briefing which emphasizes its importance. If she had received this briefing she would have better understood this entitlement.
In support of his request, the applicant provides his spouses death certificate and marriage record.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The decedent was notified of her eligibility to participate in the RCSBP via a certified letter dated 11 February 1998. She made no election at that time and was automatically updated in the system as Option A, Decline to make an election until age 60. There were no eligible beneficiaries at the time of this election.
In 2000, the decedent married; however, she did not request to change her RCSBP coverage within one year of her marriage.
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AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the applicant stated that if his spouse would have been briefed face-to-face regarding the RCSBP program, that she would have had a better understanding of the program. The RCSBP package that was sent to the service member clearly explained that if the service member had any questions or concerns, that she should call ARPC. They have no record of the member contacting ARPC. She married in 2000 and did not change her RCSBP coverage within the one year of her marriage as required.
Because she was eligible for retired pay at age 60, her spouse is eligible for an ID card, Base-Exchange, and Commissary privileges. The applicant is eligible to apply for medical and dental benefits through the TRICARE program, and can obtain additional information from TRICARE. He may also be eligible for benefits through the Veterans Administration (VA) and may contact them.
The DPP complete evaluation, with attachment, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 September 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has received no response.
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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 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2010-02619 in Executive Session on 3 March 2011, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-02619 was considered:
Exhibit A. DD Form 149, dated 17 July 2010, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 27 August 2010, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 17 September 2010.
Panel Chair
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