RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2014-00112
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her late spouses record be corrected to remove the erroneous
assertion that he declined the Reserve Component Survivor
Benefit Plan (RCSBP) coverage.
APPLICANT CONTENDS THAT:
The election form was not delivered to her late spouses
address. The assumption that he chose to decline RCSBP coverage
was recorded in error.
The applicant's complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The decedent was notified of his eligibility to participate in
the RCSBP in June 1992 via certified mail. The election package
was sent to the decedents address. He had 90 calendar days from
that date of notification to make an RCSBP election by returning
an ARPC Form 123, RCSBP Election Certificate. He did not make
an election within the required time period prescribed by Title
10 USC Subsection 1448. At that time, he was automatically
enrolled in Option A, Decline to make an election until age 60
effective 8 September 1992.
The decedent died on 7 October 2013.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. ARPC/DPTT states the former
service member was afforded two opportunities to upgrade his
election. Congress declared RCSBP Open Enrollment Seasons from
l March 1999 through 29 February 2000 and 1 October 2005 through
30 September 2006. 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. Records indicate that he did not elect to participate
during these timeframes.
Although they empathize with the applicant, as prescribed by
Title l0 USC Subsection 1448, the member had three opportunities
to participate in the RCSBP and failed to do so.
The complete AFPC/DPTT evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states in over 39 years of marriage they moved
several times and there was plenty of room for error in the mail
delivery system. Her 17 year old son signed the first letter
that came to the house. This letter never made it to her
husbands hands. She asked the board take into consideration
that her husband thought he was compliant.
He worked for General Motors (GM) for over 27 years and she is
the beneficiary of his pension from GM. She argues why would he
make her the beneficiary of one pension and not the other? She
lived 27 years of honorable military service with her husband.
She further states she is a widow in need of knee replacement.
The applicants 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 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
recommendation of the Air Force office of primary responsibility
(OPR) 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 the evidence presented did not
demonstrate the existence of an 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-2014-00112 in Executive Session on 22 November 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 January 2014, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 8 March 2014, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 15 September 2014.
Exhibit D. Applicants Rebuttal, dated 8 October 2014.
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