RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-00623 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased husband’s records be corrected to show he made a 
timely election for spouse coverage under the Reserve Component 
Survivor Benefit Plan (RCSBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her husband often spoke about his Air Force retirement and said 
he returned the required paperwork and they would receive 
$2,000 a month after he reached the age of 60. 

 

She believes the Air Force lost the record of his choice. 

 

She was worried about how they would be able to afford the home 
they built in 2004. Her husband assured her the $2,000 a month 
from his Air Force retirement would help with the mortgage. 

 

Sadly, her husband passed away on 6 Feb 2006. Shortly after his 
death she was told that she was not eligible for retirement pay. 
There was no explanation. 

 

She lost her home in Sept 2009. Losing her home was like 
experiencing another death. She had been in poor health prior 
to losing her home, but her condition worsened and she had to 
retire in Jun 2010. 

 

Her husband was very patriotic. He loved his country and was 
dedicated to his job as an Air Force officer. He put duty to 
his country before everything else. He missed many holidays, 
birthdays, and other special family events while working for the 
Air Force. He felt that he was on call for duty 24/7. He 
always did what was asked of him. 

 

Her husband died before he reached the required age of 59 and 
one-half years. When he died he was 59 years, 5 months and 
6 days old. She would much rather have her husband alive, but 
the reality is that he is not alive. She cannot survive on her 
school retirement and needs the money. 

 

In support of her request, the applicant provides a personal 
statement, copies of letters of support, her husband’s Death 
Certificate, HQ ARPC/DPP letter, and other various documents to 
support her request. 

 

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

 

_______________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted 
from the applicant's available military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force Office of Primary Responsibility (OPR). Accordingly, 
there is no need to recite these facts in this Record of 
Proceedings. 

 

_______________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFRC/DPTT recommends denial. DPTT states the member was 
notified of his eligibility to participate in the RCSBP on 
14 Dec 1989 via certified mail. The election package was sent 
to the member's address and signed for by the member. He made 
no election during that time and was automatically enrolled in 
Option A, "Decline to make an election until age 60," effective 
9 Dec 1989. 

 

In accordance with Title 10, U.S.C., Section 1448 (a)(2)(B), the 
applicant’s husband had 90 calendar days from the day of 
receiving the RCSBP packet to make an election and return the 
applicable form. Title 10, U.S.C., Section 1448 states that, 
"If a person does not elect to participate in the Plan before 
the end of the 90-day period, the person will be eligible upon 
reaching 60 years of age." 

 

The member was afforded three opportunities to upgrade his 
election after his original election was updated. Congress 
declared SBP Open Enrollment Seasons on 1 Apr 1992 through 
31 Mar 1993, 1 Mar 1999 through 29 Feb 2000 and 1 Oct 
2005 through 30 Sep 2006. Members, who previously elected less 
than full coverage or no coverage for their spouse/children, 
were afforded the opportunity to change their election to cover 
their families. The member did not elect to participate during 
these Open Seasons. 

 

The member would have been eligible for Reserve retired pay at 
age 60 under the provisions of Title 10, United States Code 
(U.S.C.), Section 12731 effective 26 Sep 2006, his 60th birthday. 
The member would have been notified of his eligibility to 
participate in the RCSBP program approximately four months prior 
to his 60th birthday by Headquarters Air Reserve Personnel 
Center. If the member would have made an election, the election 
would have been effective on his 60th birthday. He passed away 
prior to his 60th birthday. 

 

In view of the fact that he would have been eligible for retired 
pay at age 60, the applicant is eligible for identification 


card, Base Exchange and commissary privileges. She is also 
eligible to apply for medical and dental benefits through the 
TRICARE program. She may also be eligible for benefits through 
the Department of Veterans Administration (DVA). 

 

Although DPTT empathizes with the applicant, they recommend 
denial of relief. Her husband did not elect to participate in 
RCSBP as prescribed by law, Title 10, U.S.C., § 1448. 

 

The complete DPSIAR evaluation, with attachments, is at Exhibit 
B. 

 

_______________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

She recalls her husband receiving correspondence from the Air 
Force that contained a light green post card. He told her the 
postcard needed to be completed and returned to the Air Force 
because it pertained to his retirement pay benefits. He said he 
previously made his selection for retirement, but would do so 
again. 

 

Because her husband traveled so frequently, she handled all the 
monthly bills. Her husband took care of their investments and 
was very conscientious about doing this. After he passed away, 
all of their investments were in good shape. However, she was 
unable to foresee the national real estate debacle and economic 
crisis. Their investments took a hit due to the stock market 
and she lost the house they designed and built because she could 
no longer afford the mortgage payments without her husband’s 
salary. 

 

She was shocked to learn that the Air Force had no record of her 
husband’s retirement selections. He was always well organized, 
especially where money was involved. She cannot believe he did 
not take care of this. 

 

On several occasions, the Air Force lost items of importance to 
her and her husband and questions whether poor filing and record 
keeping by the Air Force are the problem and not her husband. 

 

The stress of her husband’s death and losing the house has 
ruined her health. She retired after 20 years as a teacher; 
however a teacher’s retirement pay is not much. She is afraid 
to take the remaining money from her investments because she may 
need it for assisted living or nursing care in the future. 

 

She is relocating to a less expensive state this summer and 
hopes to find a job. However, she is 65 years old, in poor 
health and job prospects are not promising. 

 

She desperately needs her husband’s retirement benefits. He 
would be saddened and disappointed to know that the country he 
loved and served did not honor its responsibilities to him. She 


asks the reader to respect his service and award her his 
retirement benefits. 

 

Her complete response 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. Insufficient relevant evidence has been presented to 
demonstrate the existence of 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. The applicant’s 
response to the Air Force evaluation and the fact she questions 
the accuracy of Air Force records is noted. However, the 
evidence provided is insufficient for us to recommend granting 
the requested relief. Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

_______________________________________________________________ 

 

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 this application 
in Executive Session on 15 Aug 2012, under the provisions of AFI 
36-2603: 

 

, Panel Chair 

, Member 

, Member 

 

The following documentary evidence was considered in AFBCMR BC-
2012-00577: 

 

 Exhibit A. DD Form 149, dated 30 Jan 2012, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 22 Mar 2012, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 29 Mar 2012. 

 Exhibit D. Letter, Applicant, dated 22 Apr 2012. 

 

 

 

 



 Panel Chair