RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00302 

 

 (FORMER MEMBER) COUNSEL: NONE 

 

 (APPLICANT) HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her former spouse’s record be corrected to establish that she is 
his beneficiary under the Reserve Component Survivor Benefit 
Plan (RCSBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was listed as the beneficiary of her former husband’s 
retirement during their marriage. It has always been her former 
husband’s intention for her to continue as his beneficiary as 
evidenced by the divorce decree. They were unaware of the 
requirement to submit a deemed election within a year of the 
divorce. The former member is currently residing at a nursing 
home and is totally disabled as a result of his Agent Orange 
exposure during the Vietnam Conflict. She remains his caregiver 
and healthcare advocate to this day and has power of attorney. 
They divorced for medical financial reasons and she is 
requesting that her former husband’s wishes be honored. 

 

In support of her request, the applicant provides an expanded 
statement and copies of a divorce decree, power of attorney, and 
DD Form 2293, Application for Former Spouse Payments from 
Retired Pay. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are described 
in the letter prepared by the appropriate office of the Air 
Force, which is at Exhibit B. Therefore, there is no reason to 
recite these facts in this Record of Proceedings. 

 

________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends denial, indicating there is no evidence of 
an error or injustice. The former member was notified of his 
eligibility to participate in the RCSBP in May 90. He completed 
his ARPC Form 123, RCSBP Benefit Plan Election Certificate, on 
1 May 90 and it reflects his election of Option C (immediate 
annuity for spouse). On 27 Sep 06, the former member was 
divorced. The divorce did not award the former spouse coverage 
under the RCSBP; however, neither the member nor his former 
spouse deemed an election for former spouse coverage under the 
RCSBP. According to Title 10, United States Code (USC), Section 
1448 (3)(A)(iii), any such election must be written, signed by 
the person making the election, and received by the Secretary 
concerned within one year after the date of the divorce, 
dissolution, or annulment. The member did not request to change 
his RCSBP coverage within the one year of his divorce from his 
spouse as required by law; therefore, the applicant’s request 
should be denied. 

 

A complete copy of the ARPC/DPTT evaluation is at Exhibit B. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant indicates her former husband was diagnosed with 
Parkinson’s disease just after their marriage. Due to the 
degenerative nature of the disease, it is not implausible the 
disease may have caused the former member to forget to file the 
deemed election within the year of the divorce. The applicant 
reiterates that she continues to function as the former member’s 
caregiver and provider. Their divorce was a financial decision 
to protect assets in the face of the inordinate costs of long-
term nursing home care for the former member. The applicant 
continues to arrange for the former member’s care and has Power 
of Attorney and is now listed as the former member’s guardian 
for Department of Veterans Affairs (DVA) benefits. 

 

In support of her response, the applicant provides an expanded 
statement and a copy of the divorce decree. 

 

In a subsequent statement, the applicant indicates the former 
member passed away as the result of his disease and indicates 
that she made all funeral arrangements and payments. She 
reiterates that she was the person responsible for his entire 
well-being and it would seem that her name as the RCSBP 
beneficiary should remain as intended. Once again, her deceased 
former husband’s condition would have made it difficult, if not 
impossible, for him to respond to military protocol. 

 

 

 


In support of her additional submission, the applicant provides 
an expanded statement and copies of several supporting 
statements from the deceased former member’s physician and 
caregivers. 

 

A complete copy of the applicant’s responses is at Exhibit D. 

 

________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

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

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. The applicant 
contends that her deceased former husband’s Parkinson’s disease 
impacted his ability to make a timely election for former spouse 
coverage under the Reserve Component Survivor Benefit Plan 
(RCSBP) within a year of their divorce. After a thorough review 
of the evidence of record and the applicant’s complete 
submission, to include her responses to the advisory opinions, 
we believe that a preponderance of the evidence indicates she is 
the victim of an injustice. In this respect, we note the 
statements provided by her deceased former husband’s attending 
physicians indicating that the progression of his Parkinson’s 
disease during the matter under review likely compromised his 
ability to render a timely election for former spouse coverage 
under the Reserve Component Survivor Benefit Plan (RCSBP). 
Therefore, while we find no evidence of an error on behalf of 
the Air Force, we believe the evidence is sufficient to find it 
in the interest of justice to correct her deceased former 
husband’s military records as indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the deceased former member be corrected to 
show that on 27 September 2006, he elected immediate coverage 
based on full retired pay under the Reserve Component Survivor 
Benefit Plan (RCSBP), naming XXX as the former spouse 
beneficiary. 

 

________________________________________________________________ 

 

 

 


The following members of the Board considered AFBCMR Docket 
Number BC-2011-00302 in Executive Session on 6 Oct 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 20 Nov 10, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 10 Mar 11, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 25 Mar 11. 

 Exhibit D. Letter, Applicant, dated 4 Apr 11, w/atch. 

 

 

 

 

 

 Panel Chair