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AF | BCMR | CY2011 | BC-2011-02904
Original file (BC-2011-02904.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 IN THE MATTER OF: DOCKET NUMBER: BC-2011-02904 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

___________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased spouse’s record be corrected to reflect he 
elected immediate annuity spousal coverage under the 
Reserve Component Survivor Benefit Plan (RCSBP). 

 

___________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The Survivor Benefit Plan Election Certificate was sent 
during the time they were being transferred to Red River 
Army Depot, Texas. During that transition, they had four 
different mailing addresses before they settled down for 
good. She believes the paperwork may have been sent to one 
of the previous addresses and never forwarded. Her husband 
passed away at 55, making her a widow after 31 years of 
marriage. She needs the survivor benefits as she is a 
teacher’s aide at the local school which does not pay much. 

 

In support of her request, she provides a copy of the 
service member’s death certificate, a copy of their 
marriage certificate and copies of the decedent’s DD Form 
214’s, Certificates of Release or Discharge from Active 
Duty. 

 

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

 

___________________________________________________________ 

 

STATEMENT OF FACTS: 

 

Facts extracted from the Air Force Office of primary 
responsibility evaluation reveal the decedent was notified 
of his eligibility to participate in the RCSBP on 10 July 
1996. He made no election at that time and was 
automatically enrolled in Option A, “decline to make an 
election until age 60,” effective 31 October 1996. He 
passed away on 17 May 2011, at the age of 55. 

 

___________________________________________________________ 

 


 

 

AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends denial. The member was notified of 
his eligibility to participate in the RCSBP by certified 
mail which he acknowledged on 30 July 1996. He made no 
election and was automatically enrolled in Option A, 
“decline to make an election until age 60.” There were 
also open enrollment seasons during which he could have 
upgraded his election. The decedent did not elect to 
participate in RCSBP. 

 

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

 

___________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reiterates she is a widow after 31 years of 
marriage. She does not know why her husband did not send 
back the paperwork. He did not discuss the issue with her. 
She has worked with the school system for years but the pay 
is not much. Her take home pay is $1030.00 per month. 
Things are tight and any help would be appreciated. She 
has also requested that her Congressman look into this 
matter. 

 

The applicant’s 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 the recommendation of the Air Force office of primary 
responsibility and adopt its rationale as the basis for our 
conclusion that the applicant has not been the victim of an 
error or injustice. The facts and opinions stated in the 
advisory opinion appear to be based on the evidence of 
record and have not been adequately rebutted by the 
applicant. While it is regrettable the decedent chose not 


to elect RCSBP coverage for the applicant, we find no basis 
to grant the relief sought in the application. 
Accordingly, the applicant’s request is not favorably 
considered. 

 

___________________________________________________________ 

 

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-2011-02904 in Executive Session on 2 February 
2012, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 28 Jul 11, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 23 Nov 11, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 2 Dec 11. 

 Exhibit D. Applicant’s Response, dated 15 Dec 11. 

 

 

 

 

 

 Panel Chair 



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