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AF | BCMR | CY2012 | BC-2012-00175
Original file (BC-2012-00175.pdf) Auto-classification: Denied
RECORD OF PROCEEDINGS 

 

 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

DOCKET NUMBER:  BC-2012-00175 
COUNSEL:  NONE 
HEARING DESIRED: NOT INDICATED 

 
IN THE MATTER OF: 
 
       
 
       
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her  spouse’s  records  be  corrected  to  reflect  he  made  a  timely 
election for spouse coverage under the Reserve Component Survivor 
Benefit Plan (RCSBP). 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
The Record of Emergency Data form dated 15 Jun 06, reflects her 
as the beneficiary for her husband’s retirement benefits. 
 
In  support  of  her  request,  the  applicant  provides  a  copy  her 
spouse’s  retirement  order,  his  death  certificate,  DD  Form  93, 
Record of Emergency Data, and a Virtual Military Personnel Flight 
(vMPF) Self-Service Actions, Record of Emergency Data. 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The relevant facts pertaining to this application are contained 
in  the  letter  prepared  by  the  appropriate  office  of  the  Air 
Force, which is attached at Exhibit B. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
ARPC/DPTT recommends denial noting the service member failed to 
elect to participate in RCSBP.  On 19 Sep 95, the service member 
was notified of his eligibility to participate in the RCSBP.  The 
election package was sent to the service member's address and the 
acknowledged  receipt  of  the  Notification  of  Eligibility  was 
signed on 18 Dec 95.  The service member did not make an election 
and was automatically enrolled in Option A, "Decline to make an 
election until age 60," effective 14 Mar 96. 
Congress authorized two open enrollments (1 Mar 99 to 29 Feb 00 
and  1  Oct  05  and  30  Sep  06)  for  service  members  who  had 

previously  elected  less  than  full  coverage  or  no  coverage  for 
their spouse or children the opportunity to change their election 
to cover their families.  However, the service member failed to 
upgrade  his  election  during  the  two  authorized  open  enrollment 
periods. 
 
On 11 Feb 09, the service member was notified of his expiration 
term  of  service  (ETS).    The  notification  provided  the  service 
member  an  option  of  an  automatic  discharge  or  transfer  to  the 
Retired  Reserve.    The  service  member  did  not  submit  an 
application  to  transfer  to  the  Retired  Reserve  within  the 
required time period and was discharged effective 21 Sep 09.   In 
accordance  with  Title  10,  United  States  Code  (USC),  Section 
10204, service members who have completed 20 years of creditable 
service,  but  are  discharged  and  not  assigned  to  the  Retired 
Reserve  have  no  military  status.    These  service  members  are 
notified of their entitlements of retired pay, medical care, and 
SBP  approximately  four  months  prior  to  their  60th  birthday  by 
Headquarters  Air  Reserve  Personnel  Center.    The  service  member 
passed away prior to his 60th birthday. 
 
The  complete  ARPC/DPTT  evaluation,  with  attachments,  is  at 
Exhibit B. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A copy of the Air Force evaluation was forwarded to the applicant 
on 8 Mar 12, for review and comment within 30 days.  As of this 
date, no response has been received by this office. 
 
_________________________________________________________________ 
 
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 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 not been the victim of an error or injustice.  The 
service member was notified by certified mail in Sep 95 of his 
eligibility to participate in RCSBP.  He did not elect coverage 
at  that  time.    He  had  two  other  opportunities  to  elect  RCSBP 
coverage during an authorized open enrollment seasons, but failed 
to  do  so.    Therefore,  he  had  three  separate  opportunities  to 

 

2 

enroll in RCSBP but did not elect to do so.  Therefore, we must 
recommend that the requested relief be denied. 
 
_________________________________________________________________ 
THE BOARD DETERMINES THAT: 
 
The  applicant  be  notified  the  evidence  presented  did  not 
demonstrate the existence of a 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-2012-00175 in Executive Session on 15 Aug 12, under the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
   Exhibit A.  DD Form 149, dated 08 Jan 12, w/atchs. 
   Exhibit B.  Letter, ARPC/DPTT, dated 7 Mar 12, w/atchs. 
   Exhibit C.  Letter, SAF/MRBR, dated 8 Mar 12. 
 
 
 
 
 
 
 

   Panel Chair 
   Member 
   Member 

  
Panel Chair 

 
 

 
 

 
 

 
 

 
 

 
 

 

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