AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-02001 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
Her late husband’s records be corrected to reflect that he made 
an  election  for  spouse  coverage  with  option  C,  which  denotes 
“immediate annuity” under the Reserve Component Survivor Benefit 
Plan (RCSBP). 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
In Feb 96, her deceased husband updated his military records, to 
include  his  Servicemembers’  Group  Life  Insurance  (SGLI),  and 
emergency  data,  as  well  as  all  civilian  documentation  and 
declaration of survivor benefits; however, there was an error in 
not updating the RCSBP election form. 
 
In support of her request, the applicant provides copies of her 
husband’s death certificate, their marriage license, DD Form 93, 
Record  of  Emergency  Data,  and  a  Report  of  Individual  Personnel 
(RIP). 
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  22  Dec  95,  the  deceased  member  and  the  applicant  were 
married.  
 
The remaining 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:  
 
HQ  ARPC/DPTT  recommends  denial.    On  15  Jun  91,  the  deceased 
member  was  notified  of  his  eligibility  to  participate  in  the 
RCSBP;  however,  he  did  not  make  an  election  at  that  time  and 
therefore, was automatically enrolled in Option “A”, “Decline to 
make  an  election  until  age  60.”    The  deceased  member  did  not 

notify ARPC of his marriage or request to update his election as 
dictated  by  Title  10  United  States  Code  (USC),  1448(a)(5)(B) 
which  states,  “any  such  election  must  be  written,  signed  by  the 
person  making  the  election,  and  received  by  the  Secretary 
concerned within one year after the date of the event.” 
 
From  1  Mar  99  to  29  Feb  00  and  from  1  Oct  05  to  30 Sep  06, 
Congress  declared  these  timeframes  as  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.  
During  these  timeframes  DPTT  records  and  system  reflects  the 
deceased member did not elect to participate in the RCSBP. 
 
Due  to  the  fact  that  her  deceased  husband  was  eligible  for 
retired pay at age 60, the applicant is eligible for an ID card, 
Base  Exchange  and  Commissary  privileges.    In  addition,  she  is 
eligible  to  apply  for  medical  and  dental  benefits  through  the 
TRICARE  program  and  may  be  eligible  for  benefits  through  the 
Department of Veterans Affairs (DVA).   
 
The complete DPTT evaluation, with attachments, is at Exhibit B. 
 
_________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
The  applicant  states  the  PS  Form  3811,  Domestic  Return  Receipt 
does  not  bear  her  deceased  husband’s  signature  certifying 
receipt of the election information package.  She questions how 
her  deceased  husband  was  notified  of  the  two  opportunities  to 
make  a  survivor  benefit  election.    She  understands  that  under 
the  current  law,  the  failure  to  make  an  election,  if  married, 
will result an option C automatically being selected.   
 
To  deny  her  his  pension  would  cause  severe  financial  hardship.  
For  the  past  five  months,  she  has  struggled  with  the  death  of 
her husband.  She has a mortgage; so to remain in the home would 
be  impossible  without  sufficient  funds.    Denying  a  military 
spouse  her  husband’s  pension  has  far  greater  implications  than 
financial  hardship;  it  speaks  of  a  country  who,  upon  her 
deceased  husband’s  death,  fundamentally  declares  his  service 
null and void.   
 
The  applicant’s  complete  response,  with  attachment,  is  at 
attachment D. 
 
_________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations.  
 

 

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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.    While  the 
applicant  states  the  PS  Form  3811  does  not  bear  her  deceased 
husband’s  signature  certifying  receipt  of  the  election 
information package and questions how he was notified of the two 
opportunities to make a survivor benefit program (SBP) election.  
We  note  the  PS  Form  3811  does  not  bear  her  deceased  husband’s 
signature; however, it was mailed to the former member’s address; 
bears  the  name  of  the  person  delivered  to  and  the  date  of 
delivery  as  required.    In  addition,  there  is  no  evidence  the 
former  member  established  SBP  coverage  in  her  behalf,  prior  to 
his  2010  retirement.    Therefore  we  agree  with  the  opinion  and 
recommendation of the Air Force office of primary responsibility 
(OPR)  and  adopt  its  rationale  as  the  basis  for  our  conclusion 
that  the  applicant  has  not  been  the  victim  of  an  error  or 
injustice.  In view of the above and in the absence of evidence 
to the contrary, we find no basis to recommend the relief sought.  
The  applicant  must  realize  that  RCSBP  and  SBP  are  much  like 
commercial  life  insurance  plans,  in  that  a  member  pays  premiums 
in  order  to  secure  a  portion  of  their  retirement  to  ensure 
benefits  are  paid  to  their  surviving  spouse.    Further,  although 
the law currently provides automatic coverage for a spouse if the 
member  fails  to  provide  coverage  or  the  spouse  does  not  agree 
with the decision, no such provisions existed at the time of the 
member’s eligibility to enroll in the program. 

 4. The applicant’s case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issues involved.  
Therefore,  the  request  for  a  hearing  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.  
 
________________________________________________________________ 
 
 
 
 
 

 

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Panel Chair 
Member 
Member 

The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-02001  in  Executive  Session  on  19  Dec  12,  under 
the provisions of AFI 36-2603: 
 
 
 
 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-02001 was considered: 
 
 
 
 
 
 
 
 
 
 
 

Exhibit A.  DD Form 149, dated 1 May 12, w/atchs.  
Exhibit B.  Letter, ARPC/DPTT, dated 3 Jul 12, w/atchs. 
Exhibit C.  Letter, SAF/MRBR, dated 16 Jul 12. 
Exhibit D.  Letter, Applicant, 10 Aug 12, w/atch.  

 
 

 
 

 
Panel Chair 

  
  

 
 

 
 

 

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