RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04267
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show that he made a Reserve Component
Survivor Benefit Plan (RCSBP) election for spouse only.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He is a disabled veteran who is dying of esophageal cancer.
He was given an opportunity to make a spousal election upon
retirement from the Oklahoma Air National Guard (OANG).
However, at the time he and his spouse were separated, and he
neglected to check the form. Shortly after their separation, he
and he spouse reconciled and have been married for almost 36
years.
He assumed he would have time to make the spousal retirement
election at age 60 when he became eligible for benefits and
correct the error at that time. However, due to his diagnosis
of cancer, he will not see the age of 60 years. He wants a
chance to correct this horrible mistake.
His spouse ran his company when he was deployed and he could not
have done this without her support. Her support gave him the
freedom to serve his country and to deny her the rights of his
retirement benefits is a grave injustice.
In support of his request, the applicant provides a personal
statement.
The applicant's complete submission, with attachment, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
According to the information provided by the Air Force office of
primary responsibility, the applicant was notified of his
eligibility to participate in RCSBP via a certified letter on
10 Oct 1996. He made no election and was automatically enrolled
in Option A, decline to make election until age 60.
_______________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPTT recommends denial. DPTT states the former service
member was required to make a RCSBP election within 90 days of
receipt of notification; however, he did not make an election
when eligible in 1997. Members who elected less than full
coverage or no coverage for their spouse/children were able to
change their election coverage during the RCSBP Open Seasons
from 1 Mar 1999 through 29 Feb 2000 and 1 Oct 2005 through
30 Sep 2006, respectively. The applicant was provided
notification of both open enrollments; however, he made no
elections for RCSBP coverage.
The complete DPTT evaluation, with attachments, is at Exhibit B.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 19 Jan 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
_______________________________________________________________
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. 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 10 May 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-04267:
Exhibit A. DD Form 149, dated 26 Oct 2011, w/atch.
Exhibit B. Letter, ARPC/DPTT, dated 13 Jan 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 19 Jan 2012.
Panel Chair
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