RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02287 

 

 COUNSEL: 

 

 HEARING DESIRED: YES 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be entitled to benefits under the Survivor Benefit Plan 
(SBP). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She and the decedent thought that everything was taken care of 
when they submitted the required documents for the DD Form 1172, APPLICATION FOR IDENTIFICATION CARD/DEERS ENROLLMENT (ID card) 
and had their will completed. They presented a copy of the 
marriage certificate and all other identification required. 
However, they were not aware that the marital status was not 
changed. 

 

In support of his appeal, the applicant provides copies of the 
death certificate; marriage certificate; a brief from counsel, 
and her Military ID Card. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant and the service member were married on 13 Mar 04. 
Other relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force 
Reserve. Accordingly, there is no need to recite these facts in 
this Record of Proceedings. 

 

________________________________________________________________ 

 

 

 

THE AIR FORCE EVALUATION: 

 


ARPC/DPTT recommends denial, stating, in part, based on the 
information in the file, the decedent did not request to change 
his RCSBP coverage within one year of his marriage as required 
by law Title 10, United States Code (USC) Section 1448. 

 

The decedent was notified of his eligibility to participate in 
the RCSBP on 29 Sep 03 by letter. The election package was sent 
to his address and signed for by the applicant. However, the 
decedent made no election during that time and was automatically 
enrolled in Option A. "Decline to make an election until age 
60." He was not married at the time of this election. 

 

On 13 Mar 04, he married; however, he did not request to change 
his RCSBP coverage within one year of his marriage as required 
by law. This headquarters was not aware of the change in his 
marital status until the notification of his death, on 
26 May 11. 

 

The applicant states that on 25 Mar 04, she and the decedent had 
gone to a Air National Guard post to update their marital status 
in the Defense Eligibility Enrollment Reporting System (DEERS). 
Unfortunately the Military Personnel Data System and DEERS do 
not interchange or merge information. However, the RCSBP 
package that was sent to the decedent six months prior clearly 
explained that if the member had any questions, life changing 
events, or concerns to call this headquarters. We have no 
record the decedent contacted this headquarters. 

 

In view of the fact the decedent was eligible for retired pay at 
age 60, the applicant is eligible for ID card, Base-Exchange and 
Commissary privileges and will be eligible to apply for medical 
and dental benefits through the TRICARE program when the 
decedent would have turned age 60, on 29 Jul 21. 

 

The complete ARPC/DPTT evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

Counsel notes that it is clear that the decedent and the 
applicant attempted to comply with military rules regarding the 
updating of their military records to reflect the recent 
marriage, and that they did so by going to the decedent’s 
appointed post and reporting his marriage, changing his will, 
and getting his new wife a military ID. The evaluation states 
that " ... the RCSBP package that was sent to the decedent six 
months prior to the marriage and clearly explained that if he 
had any questions, life changing events or concerns to call this 
headquarters." However, there is no proof of delivery of such 
documentation, and the decedent was deployed overseas shortly 
thereafter. It is entirely possible that that package never 
arrived nor was received by the decedent and that he never knew 
it was necessary to do more than he had already done. 


 

It is their position that the decedent and the applicant did 
everything they knew to do in order to notify the military of 
the change in his marital status. Failure to notify 
Headquarters Air Reserve Personnel Center could only have been 
at worst a mistake or error on the decedent’s part. There was 
certainly no fraud or misrepresentation on his or the applicant 
part. 

 

The complete response from counsel, with attachments, is at 
Exhibit E. 

 

________________________________________________________________ 

 

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 
their rationale as the primary basis for our conclusion the 
applicant has not been the victim of an error or injustice. 
While we note the actions applicant’s counsel indicates were 
taken by the applicant and the deceased member after their 
marriage in 2004, unfortunately none of these actions met the 
requirements for establishing RCSBP coverage on behalf of the 
applicant. We further note the applicant signed for the package 
sent to the now deceased former member notifying him of his 
eligibility to participate in the RCSBP. Although applicant’s 
counsel argues the package indicated the deceased member “should 
receive detailed information on RCSBP by certified mail within 
60 days,” and that there is no proof such information was ever 
sent, we note that HQ ARPC/DPTT indicates the package the 
applicant signed for clearly explained that if the member had 
any questions, life changing events, or concerns to call ARPC 
headquarters. Based on the presumption of regularity in the 
conduct of government affairs, it is our view the deceased 
member was properly advised of necessary actions to take. 
Additionally, the applicant has not provided any evidence of 
reasonable diligence on her part or the applicant when 
additional information was not received within 60 days as 
indicated. While we find the applicant’s circumstances 
regrettable, we are not persuaded that the failure to properly 
elect RCSBP coverage for her is due to error on part of the Air 
Force and that she is the victim of injustice. Therefore, in 
the absence of evidence to the contrary, we find no basis to 
recommend granting the requested relief. 


 

4. The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02287 in Executive Session on 29 March 2012, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 16 Jun 11, w/atchs. 

 Exhibit B. Decedent's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPTT, dated 28 Jul 11, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 5 Aug 11. 

 Exhibit E. Letter, Counsel, dated 25 Aug 11, w/atchs. 

 

 

 

 

 Panel Chair