RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01917 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The record be corrected to show that she made a timely request 
for her deceased husband’s Reserve Component Survivor Benefit 
Plan (RCSBP) annuity. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was misinformed about applying for the SBP annuity. She was 
told she could not receive the benefit until she reached 
retirement age. Once she obtained retirement age, she applied 
for the benefit, however, her application was denied as it was 
received after the 6 year statute of limitations expired. 

 

In support of her appeal, the applicant provides a personal 
statement, a copy of the deceased member’s death certificate, a 
copy of the member’s discharge orders and copies of the RCSBP 
correspondence. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 20 June 2002, the decedent was notified of his eligibility to 
receive retirement pay and to participate in the RCSBP. The 
member properly executed ARPC Form 123, Reserve Component 
Benefit Plan Election Certificate, selecting Option C, immediate 
annuity for spouse only at full retirement pay. 

 

On 2 February 2005, the member passed away. On 25 April 2011, 
the applicant was notified that her request for the SBP annuity 
was approved. On 10 May 2011, she was notified that her 
application was not received within 6 years of the member’s 
death and must be denied in accordance with 31 U.S.C. 

 

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AIR FORCE EVALUATION: 

 

ARPC/DPP recommends denial. DPP states the applicant’s claim 
must be time barred in accordance with Title 31, U.S.C., Section 
3702(b), which limits the time for filing claims to 6 years. 
The applicant’s claim was filed on 15 February 2011, 13 days 
after the 6 year statute of limitations expired. 

 

The complete DPP evaluation, with attachments, is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 5 August 2011, for review and comment within 
30 days (Exhibit D). As of this date, this office has received 
no response. 

 

________________________________________________________________ 

 

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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice. While the applicant 
filed her claim 13 days beyond the authorized statute of 
limitations, we believe it would be an injustice for her not to 
receive the benefits under the Survivor Benefit Plan. The 
record clearly indicates the deceased former member intended her 
to have this benefit as he continued to pay the SBP premiums 
until the time of his death. Additionally, we find the member’s 
explanation of being misinformed on when she had to file her 
claim to be reasonable. At any rate we find the evidence 
sufficient to resolve any doubt we may have in this matter in 
her favor. Therefore, in the interest of equity and justice, we 
recommend her records be corrected as indicated below. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show that on 
31 January 2011, she filed her claim for her deceased husbands 
Survivor Benefit Plan annuity. 

 

________________________________________________________________ 


 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-01917 in Executive Session on 10 November 2011, 
under the provisions of AFI 36-2603: 

 

 

 , Panel Chair 

 , Member 

 , Member 

 

All the members voted to correct the record, as recommended. 
The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 May 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPP, dated 28 Jul 11. 

 Exhibit D. Letter, SAF/MRBR, dated 5 Aug 11. 

 

 

 

 

 

 Panel Chair