AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER'OF:
DOCKET NUMBER: 97-02105
COUNSEL: None
HEARING DESIRED: No
Applicant requests she be allowed to receive an annunity under 4
the Reserve Component Survivor Benefit Plan (RCSBP). Applicant's
submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C).
The advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
-
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action.
Since the
member was not married to the applicant for a period of at least
one year prior to the service member's death as stipulated by
Title 10, United States Code, Section 1448, the Board is without
the authority to grant applicant's request.
The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been rebutted by applicant.
Absent persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
Members of the Board Ms. Martha Maust, Mr. Joseph G. Diamond, and
Mr. Kenneth L. Reinertson considered this application on
22 January 1998 in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10, U.S.C. 1552.
~ R T H A mu$.$
Panel Chair
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
.
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR RESERVE PERSONNEL CENTER
MEMORANDUM FOR AFBCMR
FROM:
HQ ARPC/DR
6760 E Irvington Place #3000
Denver CO 80280-3000
1. We have re-examined the case submitted to the AFBCMR by the
applicant and reverse our previous recommendation, The applicant
was led to believe she would be eligible to receive an annuity to
begin on her late spouse's 60th birthday and actually received a
letter to this effect; however, it does not preempt the statutes
of Title 10, United States Code, Section 1448.
2, There is no provision of law which allows RCSBP annuity to be
paid to a surviving spouse if the length of the marriage was not
for a period of at least one year prior to the service member's
death. In view of the above, we recommend the applicant's
request be denied.
Action officer is
3
He
e-mail at
DSN
r by
I
I
.
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR RESERVE PERSONNEL CENTER
MEMORANDUM FOR- AFBCMR
FROM: HQ ARPC/DR
6760 E Irvington P1 P3000
Denver CO 80280-3000
SUBJECT:
The requested correction cannot be accomplished
1.
administratively at this headquarters.
The applicant is requesting that she be allowed to
2.
Benefit Plan (RCSBP) .
receive an annuity under the Reserve Component Survivor
The following is an analysis of the circumstances
3.
surrounding the case:
a. On 15 Jul 85, a letter from the member, dated 24 Jun
85, requesting a change of his beneficiary was received by
t h e Air Reserve Personnel Center (ARPC).
b. The member and the applicant were married on 8 Jun
85. The member died on 17 Mar 86, less than one year from
the date of marriage.
c. The applicant states that on numerous occasions, she
was led t o believe that she would be eligible to receive an
annuity to begin on her late spouse’s 60th birthday.
letter from the ARPC dated 28 Oct 86, informed the applicant
that she would receive this annuity.
A
The requirement that a widow of a retired member is not
4 .
eligible to receive an annuity under the Survivor Benefit
Plan if she was married to the member less than one year
immediately preceding his death is clearly established by
Title 10, United States Code, Section 1448.
-
5. Recommendation: Although t h e applicant is ineligible
according to law, we feel t h a t an injustice ha3 occurred.
Therefore, recommend the applicant's request be approved.
If the decision is to grant the relief sought, the applicant
should be deemed eligible for receipt of the annuity.
n officer is
DAVID M. GALLOP
Director of Customer Assistance
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC AUG 2 5 1998 Office of the Assistant Secretary AFBCMR 98-01 698 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: records of the Department of the Air Force relating to- e corrected to...
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC SEP 1 6 1998 Office of the Assistant Secretary AFBCMR 9 8 - 0 1 8 5 9 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: The pertinen ent of the Air be corrected to Force relating to iate...
APPLICANT CONTENDS THAT: Her deceased husband planned to take his Air Force retirement at age 60. 6 98-01709 On 28 December 1981, ARPC/DPAAR notified the spouse of the deceased member that an RCSBP election had not been received by the deadline and informed her that RCSBP coverage was not in effect and no further election could be made until the member reached age 60. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS JUL 2 0 = IN THE MATTER OF: DOCKET NO: 97-03799 COUNSEL: None HEARING DESIRED: Yes Applicant requests her record be changed to show she declined to participate in the Reserve Component Survivor Benefit Plan (RCSBP) when she was first eligible. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C ) . Accordingly,...
I DEPARTMENT OF THE AIR FORCE * JUNSO a90 WASHINGTON, DC i Office of the Assistant Secretary AFBCMR 98-00508 * MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: The pertinen Force relating to show that effective 3 September...
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC QCT 2 3 I998 Office of the Assistant Secretary AFBCMR 9 8 - 0 2 5 3 6 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 3 6 - 2 6 0 3 , and having assured compliance with the provisions Qf the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: The pertinen rtment of the Air be corrected to Force...
DEPARTMENT OF THE AIR FORCE WASHINGTON, DC AUG 2 7 Office of the Assistant Secretary AFBCMR 98-0 1576 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Record6 is announced, and it is directed that: ry records of the Department of the Air Force relating to corrected to show...
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The member is requesting that his record be corrected to allow his participation in the Reserve Component Survivor Benefit Plan (RCSBP). The member states that he did not have the package until much later than the mailing date.
MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code and AFI 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: itary records of the Department of the Air Force relating t e corrected to show that on 25 May 1998, he elected spo coverage, under the Reserve Component Survivor Benefit Plan, based on full...
98-00223 AIR FORCE EVALUATION: The Deputy Director of Customer Assistance, ARPC/DR, reviewed this application and states that the member states that when he received the RCSBP information it was close to his Continuous Active Military Service Date and he incorrectly interpreted the suspense date to be 90 days from that date. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the...