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
3
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