AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
COUNSEL: NONE
HEARING DESIRED: NO
Applicant requests that he be allowed to participate in 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. 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.
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Members of the Board, Mr. David C. Van Gasbeck, Dr. Gerald B.
Kauvar, and Ms. Rita J. Maldonado considered this application on
10 September 1998, in accordance with the provisions of Air Force
Instruction 36-2603, and the governing statute, 10 U.S.C. 1552.
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Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. SAF/MIBR Ltr Forwarding Advisory Opinion
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DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR RESERVE PERSONNEL CENTER
MEMORANDUM FOR AFBCMR
- FROM: HQ ARPCDR
6760 E Irvhgton P1#3000
Denver CO 80280-3000
#*
1. The requested correction cannot be accomplished administratively at this headquarters.
2. The member is requesting that his record be corrected to allow his participation in the Reserve
Component Survivor Benefit Plan (RCSBP).
3. The following is an analysis of the circmstances surrounding the case:
a. The member states that in Oct 96, he received preliminary information regarding the
RCSBP, but does not remember receiving the RCSBP package.
h was received at his home
5 Nov 96, as evidenced by the
c. We can only a s m e that the preliminary information he received in Oct 96 was the
Notification of Eligibility for Retired Pay at Age 60 and Audit of Retirement Points (Atch 3).
This letter informed the member that an RCSBP package would be forthcoming within 30 days.
d. The cover letter of the RCSBP package and two places in the body of the package inform
the member there is a 90 day suspense for return of the election.
e. The requirement for the member to submit his RCSBP election within 90 days of receipt is
clearly established by Title 10, United States Code, Section 1448(a)(Z)(B). The member remains
eligible to participate in the Survivor Benefit Plan when he reaches age 60.
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4. Recommendation: Recommend the member's request be denied. If the decision is to grant
the relief sought, the member should be allowed to elect fill, immediate coverage for spouse
only (Option CA) under the RCSBP, effective 1 Feb 97.
5. Action officer
reached by fax at
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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.
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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...
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She has learned since her husband’s death that this package was mailed as registered mail with a suspense date of 90 days, requiring an election of A, B, or C to determine her annuity. There is no evidence he made an RCSBP election at that time. A complete copy of the evaluation, with attachment, is attached at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by thanking the Air Force for...
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,...
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...
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...
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...
The member remained eligible to make the election at age 60. 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.
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The member remained eligible to make the election at age 60. 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.