RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02547
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouses record be changed to show he elected spouse
only coverage under the Reserve Component Survivor Benefit Plan
(RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Although her spouse did not complete the forms for coverage under
the RCSBP, she believes she is entitled to survivor benefits due
to his 20 plus years of service in the Air Force.
In support of her request, the applicant submits a copy of the
decedents death certificate and marriage license.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent was notified of his eligibility to participate in
the RCSBP on 10 June 1991 via certified mail. On 18 June 1991,
he acknowledged receipt of his Notification of Eligibility for
retired pay at age 60 letter. He made no election during that
time and was automatically enrolled in Option A, Deferred to
make an election until age 60.
The decedent died on 18 June 2008.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPSTT states the deceased former
service member was afforded three opportunities to upgrade his
election after the original election was updated. The periods of
1 April 1992 through 31 March 1993, 1 March 1999 through
29 February 2000 and 1 October 2005 through 30 September
2006 were declared SBP Open Enrollment Seasons. Members who had
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 deceased former
service member requested an information packet during the 2005-
2006 open season but ARPCs system/records show that he did not
elect to participate in this or the previous open seasons.
In view of the fact that the deceased former service member was
eligible for retired pay at age 60, the applicant is eligible for
an ID card, Base Exchange and Commissary privileges. The
applicant was eligible to apply for medical and dental benefits
through the TRICARE program on 7 May 2011. She may also be
eligible for benefits through the Veterans Administration and may
contact them.
The DPTT complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 4 November 2011, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. 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 the evidence presented did not
demonstrate the existence of an 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-2011-02547 in Executive Session on 12 January 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02547 was considered:
Exhibit A. DD Form 149, dated 30 June 2011, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 28 October 2011, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 November 2011.
Vice Chair
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