RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03080
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands records be corrected to reflect that he made a
timely election for spouse coverage under the Reserve Component
Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The paperwork was sent in and supposedly corrected by a staff sergeant
in the Air National Guard (ANG) in N. Kingstown, RI.
In support of her appeal, the applicant provides copies of the
servicemembers death certificate, marriage certificate, Reserve Order
Number EL-3521, DD Form 2656, Data for Payment of Retired Personnel;
and a letter from the Rhode Island ANG.
The applicant's complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
On 7 January 1991, the deceased member was notified of his eligibility
to participate in the RCSBP. He elected Option C, Immediate Annuity
for Children. He was not married at the time of his election. On 8
August 1993, the deceased member and the applicant were married. The
deceased member did not request to change his RCSBP coverage within
one year of his marriage as required by Title 10, USC Section 1448.
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 there is no record reflecting
the deceased member made an RCSBP election until 20 November 1997.
He passed away on 16 May 2009. The deceased member did not request to
change his RCSBP coverage within one year of his marriage as required
by law. However, because he was eligible for retired pay at age 60,
the applicant is eligible for an ID card, as well as base exchange and
commissary privileges. In addition, she is eligible to apply for
medical and dental benefits through the TRICARE program.
The applicant states that ARPC received the request from the deceased
member to update his records to reflect their marriage; however, ARPC
informed him the notification was made past the one year by law
requirement.
The complete DPP evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 October 2011, a copy of the Air Force evaluation was forwarded to
the applicant, 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 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 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 his request.
_________________________________________________________________
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-
2010-03080 in Executive Session on 21 April 2011, under the provisions
of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Aug 10, w/atchs.
Exhibit B. Applicants Master Personnel Record.
Exhibit C. Letter, HQ ARPC/DPP, dated 1 Oct 10, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 8 Oct 10.
Panel Chair
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