RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02877 

 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

___________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She receive the Reserve Component Survivor Benefit Plan (RCSBP) 
annuity. 

 

___________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She is being denied RCSBP benefits due to her marriage not being 
updated in the military personnel data system (MilPDS) within the 
required one year of the marriage occurring. However, the Westover 
pay office was able to prove the former member informed them of 
their marriage on 11 Jun 01 and the system was updated. She does 
not know why MilPDS was not updated other than her husband may not 
have been told that there was another system that needed to be 
updated or he may have forgotten to do so. She finds it difficult 
to believe that because her marriage was not updated in MilPDS that 
would make her ineligible for RCSBP. She is very disappointed that 
she does not have any documentation acknowledging the receipt of 
correspondence from the Air Reserve Personnel Center (ARPC). She 
is also disappointed that she was led to believe she had an annuity 
coming to her only for it to be retracted. She does not believe 
she should be penalized due to an Air Force system not being 
updated in a timely manner. She would like to know what 
communications are made by ARPC to inform members of the importance 
of ensuring everyone is fully aware that their “life changing 
events” must be updated within 12 months of the event, and if it is 
not updated within the timeline, they could lose their entitlement 
to the RCSBP benefits. ARPC only makes one attempt by registered 
mail to contact the member regarding this very important benefit 
without regard of who accepts this package. She believes the 
package should be sent in a manner that only the member can 
acknowledge receipt. She respectfully requests favorable 
consideration to her request based on her husband acting in good 
faith and having his pay records updated appropriately. 

 

In support of her request, the applicant provides a personal 
statement, a copy of a printout from the former member’s pay 
office, a copy of DD Form 1172, Application for Uniformed Services 
Identification Card DEERS Enrollment, and a copy of the former 
member’s death certificate. 

 


Her complete submission, with attachments, is at Exhibit A. 

 

___________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Air Force Reserve and was progressively 
promoted to the grade of master sergeant. He was eligible for 
Reserve retired pay under the provision of Title 10, U.S.C., at the 
age of 60. 

 

Additional relevant facts pertaining to this application, extracted 
from the deceased member’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force. 

 

___________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPP states their records show the former member was notified 
of his eligibility to participate in RCSBP; however, he made no 
election at that time and was automatically enrolled in Option A, 
“Decline to make an election until age 60.” Based on the former 
member’s personnel records, he was not married and did not have any 
other eligible dependents at the time of this election. In 2001, 
the former member married; however, he did not request to change 
his RCSBP coverage within the one year of the date of their 
marriage as required by the law. The applicant states she is being 
denied RCSBP benefits because there were no procedures in place to 
ensure accurate information was maintained on the former member’s 
marital status. However, DPP states, that an RCSBP package was 
sent to the former member that clearly explained the RCSBP program. 

 

The DPP complete 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 17 Sep 10 for review and comment within 30 days. As of this 
date, this office has received no response. 

 

___________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

The BCMR Legal Advisor recommends approval. The Legal Advisor 
believes the applicant’s arguments have some validity. The most 
important argument is that she did not consent to decline the SBP 
coverage. Therefore, because the former member did not take action 
to ensure the Air Force personnel system was updated, the Legal 
Advisor does not find it appropriate to charge the former member’s 


negligence against the applicant by denying coverage which Congress 
intended. 

 

The BCMR Legal Advisor’s evaluation is at Exhibit D. 

 

___________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 30 Nov 10 for review and comment within 30 days. As of this 
date, this office has received no response 

 

___________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Sufficient relevant evidence has been presented to demonstrate 
the existence of error or injustice. After thoroughly reviewing 
the evidence provided, we believe that favorable consideration of 
the applicant’s request is warranted. In this respect, it appears 
the former member did not update his records accordingly and the 
applicant was not afforded an opportunity to accept or decline SBP 
coverage. Therefore, we agree with the opinion and recommendation 
of the BCMR Legal Advisor that although the error was not caused by 
the Air Force, it would be an injustice not to change the records. 
Therefore, we recommend that the records be corrected as indicated 
below. 

 

___________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that on 20 April 2001, 
he elected spouse-only coverage under the Survivor Benefit Plan 
(SBP) based on full retired pay, naming his former spouse as the 
eligible spouse beneficiary. 

 

___________________________________________________________________ 

 


The following members of the Board considered AFBCMR Docket Number 
BC-2010-02877 in Executive Session on 10 Nov 10 and 4 Jan 11, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 6 Jul 10, w/atchs. 

 Exhibit B. Letter, ARPC/DPP, dated 13 Sep 10. 

 Exhibit C. Letter, SAF/MRBR, dated 17 Sep 10. 

 Exhibit D. Letter, SAF/MRB Legal Advisor, dated 18 Nov 10. 

 Exhibit E. Letter, AFBCMR, dated 30 Nov 10. 

 

 

 

 

 

 Panel Chair