RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-00623 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased husband’s records be corrected to show he made a timely election for spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). ________________________________________________________________ APPLICANT CONTENDS THAT: Her husband often spoke about his Air Force retirement and said he returned the required paperwork and they would receive $2,000 a month after he reached the age of 60. She believes the Air Force lost the record of his choice. She was worried about how they would be able to afford the home they built in 2004. Her husband assured her the $2,000 a month from his Air Force retirement would help with the mortgage. Sadly, her husband passed away on 6 Feb 2006. Shortly after his death she was told that she was not eligible for retirement pay. There was no explanation. She lost her home in Sept 2009. Losing her home was like experiencing another death. She had been in poor health prior to losing her home, but her condition worsened and she had to retire in Jun 2010. Her husband was very patriotic. He loved his country and was dedicated to his job as an Air Force officer. He put duty to his country before everything else. He missed many holidays, birthdays, and other special family events while working for the Air Force. He felt that he was on call for duty 24/7. He always did what was asked of him. Her husband died before he reached the required age of 59 and one-half years. When he died he was 59 years, 5 months and 6 days old. She would much rather have her husband alive, but the reality is that he is not alive. She cannot survive on her school retirement and needs the money. In support of her request, the applicant provides a personal statement, copies of letters of support, her husband’s Death Certificate, HQ ARPC/DPP letter, and other various documents to support her request. The applicant's complete submission, with attachments, is at Exhibit A. _______________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant's available military records, are contained in the letter prepared by the appropriate office of the Air Force Office of Primary Responsibility (OPR). Accordingly, there is no need to recite these facts in this Record of Proceedings. _______________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/DPTT recommends denial. DPTT states the member was notified of his eligibility to participate in the RCSBP on 14 Dec 1989 via certified mail. The election package was sent to the member's address and signed for by the member. He made no election during that time and was automatically enrolled in Option A, "Decline to make an election until age 60," effective 9 Dec 1989. In accordance with Title 10, U.S.C., Section 1448 (a)(2)(B), the applicant’s husband had 90 calendar days from the day of receiving the RCSBP packet to make an election and return the applicable form. Title 10, U.S.C., Section 1448 states that, "If a person does not elect to participate in the Plan before the end of the 90-day period, the person will be eligible upon reaching 60 years of age." The member was afforded three opportunities to upgrade his election after his original election was updated. Congress declared SBP Open Enrollment Seasons on 1 Apr 1992 through 31 Mar 1993, 1 Mar 1999 through 29 Feb 2000 and 1 Oct 2005 through 30 Sep 2006. Members, who 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. The member did not elect to participate during these Open Seasons. The member would have been eligible for Reserve retired pay at age 60 under the provisions of Title 10, United States Code (U.S.C.), Section 12731 effective 26 Sep 2006, his 60th birthday. The member would have been notified of his eligibility to participate in the RCSBP program approximately four months prior to his 60th birthday by Headquarters Air Reserve Personnel Center. If the member would have made an election, the election would have been effective on his 60th birthday. He passed away prior to his 60th birthday. In view of the fact that he would have been eligible for retired pay at age 60, the applicant is eligible for identification card, Base Exchange and commissary privileges. She is also eligible to apply for medical and dental benefits through the TRICARE program. She may also be eligible for benefits through the Department of Veterans Administration (DVA). Although DPTT empathizes with the applicant, they recommend denial of relief. Her husband did not elect to participate in RCSBP as prescribed by law, Title 10, U.S.C., § 1448. The complete DPSIAR evaluation, with attachments, is at Exhibit B. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: She recalls her husband receiving correspondence from the Air Force that contained a light green post card. He told her the postcard needed to be completed and returned to the Air Force because it pertained to his retirement pay benefits. He said he previously made his selection for retirement, but would do so again. Because her husband traveled so frequently, she handled all the monthly bills. Her husband took care of their investments and was very conscientious about doing this. After he passed away, all of their investments were in good shape. However, she was unable to foresee the national real estate debacle and economic crisis. Their investments took a hit due to the stock market and she lost the house they designed and built because she could no longer afford the mortgage payments without her husband’s salary. She was shocked to learn that the Air Force had no record of her husband’s retirement selections. He was always well organized, especially where money was involved. She cannot believe he did not take care of this. On several occasions, the Air Force lost items of importance to her and her husband and questions whether poor filing and record keeping by the Air Force are the problem and not her husband. The stress of her husband’s death and losing the house has ruined her health. She retired after 20 years as a teacher; however a teacher’s retirement pay is not much. She is afraid to take the remaining money from her investments because she may need it for assisted living or nursing care in the future. She is relocating to a less expensive state this summer and hopes to find a job. However, she is 65 years old, in poor health and job prospects are not promising. She desperately needs her husband’s retirement benefits. He would be saddened and disappointed to know that the country he loved and served did not honor its responsibilities to him. She asks the reader to respect his service and award her his retirement benefits. Her complete response 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 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 the applicant has not been the victim of an error or injustice. The applicant’s response to the Air Force evaluation and the fact she questions the accuracy of Air Force records is noted. However, the evidence provided is insufficient for us to recommend granting the requested relief. 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 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 this application in Executive Session on 15 Aug 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-00577: Exhibit A. DD Form 149, dated 30 Jan 2012, w/atchs. Exhibit B. Letter, ARPC/DPTT, dated 22 Mar 2012, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 29 Mar 2012. Exhibit D. Letter, Applicant, dated 22 Apr 2012. Panel Chair