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AF | BCMR | CY2012 | BC-2012-02089
Original file (BC-2012-02089.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02089 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her deceased husband’s records be corrected to show that he 
elected to participate in the Reserve Component Survivor Benefit 
Plan (RCSBP). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her husband received the paperwork for the RCSBP in 1990, when he 
was only 40 years of age. He was young and thought he had a long 
time to live. 

 

Had he understood the importance of the form, and knowing his 
family would not receive any benefits, he would have signed it. 

 

She was told that when she turned 60 she could apply for the 
benefits. 

 

In support of her request, the applicant provides a personal 
statement and a copy of her husband’s death certificate. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 27 Feb 90, the former member was notified of his eligibility 
for retired pay at age 60 and his eligibility to participate in 
the RCSBP. The election package was sent by certified mail to 
the member’s home address. The member made no election during 
that time and as prescribed by Title 10, United States Code (USC) 
Section 1448, was automatically enrolled in Option A (Defer to 
make an election until age 60) effective 25 Jun 90. 

 

The former member’s date of birth is 3 May 50. He died on 27 Dec 
03, prior to his 60th birthday. 

 

_________________________________________________________________ 

 

 

 


 

AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends denial. DPTT states that based on the 
information provided, by law the former member made an 
irrevocable election under Title 10 USC, Section 1448. 

 

The member was afforded one opportunity to upgrade his election 
after his original election was updated. Congress declared 1 Mar 
99 through 29 Feb 00 an SBP Open Enrollment Season. 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 this timeframe, 
DPTT’s system/record shows that the member did not elect to 
participate in the RCSBP program. 

 

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

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states that her husband’s original copy of the 
RCSBP letter was with his important paperwork and was never 
signed. 

 

She received condolence letters from different departments, but 
not one letter or call came from the Air National Guard, where 
her husband served for 37 years of his life. She understands the 
process is law, but her family is entitled to this benefit. 

 

In her rebuttal response, the applicant provides copies of 
condolence letters and the RCSBP packet her husband received. 

 

The applicant's complete response, with attachments, 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, to include her rebuttal 
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 that 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. 

 

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 issue 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. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number 
BC-2012-02089 in Executive Session on 19 Dec 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 15 May 12, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 25 Jun 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 27 Jun 12. 

 Exhibit D. Letter, Applicant, not dated, w/atchs. 

 

 

 

 

 Panel Chair 

 

 



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