AIR FORCE BOARD FOR CORRECTION OF MILITARY
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 98-00317
OUNSEL :
HEARING DESIRED: Yes
Applicant requests that her deceased husband be released from the
Temporary Disability Retired List (TDRL) so that she can apply
for survivor benefits. 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/counsel 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's deceased husband 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 applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
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. Richard A. Peterson,
and Mr. Patrick R. Wheeler considered this application on
4 August and 2 2 October 1998 in accordance with the provisions of
Air Force Instruction 36- 2603, and the governing statute, 10,
U.S.C. 1552.
Exhibits :
A. Applicant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
W T H A MAUSTL
Panel Chair
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR RESERVE PERSONNEL CENTER
MEMORANDUM FOR AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB MD 2033 1-7022
FROM: HQ ARPCDPAR
6760 E lrvington P1#1900
Denver CO 80280-1900
1.
The requested correction cannot be administratively accomplished at this headquarters.
The applicant’s request for action is unclear, but it appears she wants her spouse
2.
released from the Temporary Disability Retired List (TDRL) so that she can apply for survivor’s
benefits. She claims that:
a.
He was injured whiIe in the Reserves and could not apply for service connection
disability compensation with the Veteran’s Administration because he did not have separation
papers from the Reserves.
b.
Now that he is deceased she cannot apply for survivor’s benefits.
3 The following is an analysis of the circumstances surrounding the case:
a.
The member fell down 14 stairs at his home on 10 July 1988 and fractured his
sacrum and possibly the coccyx. He was treated by his private physician through physical
therapy, a back brace and medication. He continued to have lower back pain and was unable to
sit for long periods of time. He was released to return to his place of employment full time as a
school bus driver on 24 August 1989.
b.
On 9 February 1989 he was issued an AF Form 422, Physical Profile Serial
Report restricting him from participating for pay and points as a result of his accident. He was
subsequently medically disqualified for worldwide duty on 22 November 1989 for chronic low
back pain. At this point he was given two options. Be discharged or apply for transfer to the
Retired Reserve (Honorary). The member transferred to the Retired Reserve (Honorary on
11 December 1989.
980031 7
. . . . . . . . . _. .
c.
During his military service, the member served in the United States Marine
Corps Reserve $om 11 July 1972 to 13 August 1972; United States Marine Corps &om 14
August 1972 to 11 May 1976; a'nd the United States Air Force Reserve from 2 October 1985 to
11 December 1989, the effective date of his transfer to the Retired Reserve (Honorary). He
completed 8 years and 10 days of Honorable Service and had accrued a total. of 6 years, 8
months, and 28 days of satisfactory service.
d.
At the time of his death, the member had a DD Form 2AF (RES) Identification
(ID) Card in his possession with an expiration date of 29 June 2005. This ID Card is for
identification only; no benefits are authorized. Due to a DOD policy change in 199 1 , members of
the Retired Reserve (Honorary) are no longer issued, an ID Card.
e.
The applicant states that her spouse was placed on the TDRL. The member is
not currently on the TDRL and the Air Force Personnel Center disability section has no record of
him ever being placed on the TDRL.
Recommend this application be denied. The member was never placed on the T D a , was
4.
removed fiom the Retired Reserve (Honorary) upon his death, and was never eligible for Reserve
retired pay under the provisions of Title 10, United States Code (U.S.C.), Section 12731. To
establish eligibility for retired pay, a member must complete 20 years of satisfactory service, with
the last 8 years of qualifjring service in a Reserve component. Therefore, his spouse is not
entitled to benefits under the Reserve Component Survivor Benefit Plan or any other military
benefits.
5.
Coordination with other offices is not required.
Action
6.
dweule@arpcmai 1. den. disa.mil.
official
is Ms. Debbie Weule, DSN
926-6369
or
email
LINDA A. MARTIN, Colonel, USAF
Dhctor of Pemnnel Progmm Managema&
980031 7
- -. . . . - - . - .
AF | BCMR | CY2013 | BC 2013 05388
APPLICANT CONTENDS THAT: Her deceased husband and she thought they had complied with the marriage reporting requirements of the Reserve Component Survivor Benefit Plan (RCSBP), when their marriage data was entered in the Defense Enrollment Eligibility Reporting System (DEERS) upon being issued new military ID cards on 4 Feb 11, less than two months after being married on 16 Dec 10. ARPC/DPTT has no record of the deceased member or his spouse reporting the marital change within the required...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 02-00779 INDEX CODE 108.10 108.05 137.04 (Deceased) COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband's military status at the time of his death be changed from active duty to placed on the Temporary Disability Retired List (TDRL) under the provisions of AFI 36-3212 with a 100% disability rating....
AF | BCMR | CY2007 | BC-2007-00214
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00214 INDEX CODE: 137.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased husband and former military member’s record be changed to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) and further that she receive the retired pay her husband had been eligible...
ARMY | BCMR | CY2014 | 20140015047
IN THE CASE OF: BOARD DATE: 30 April 2015 DOCKET NUMBER: AR20140015047 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant, the spouse of a deceased former service member (FSM), requests correction of her deceased husband's record to show she made a timely application for an annuity under the Survivor Benefit Plan (SBP). In a 16 July 2014 letter, the Chief, Retired Pay Branch, HRC, denied the applicant's claim for payment of the SBP annuity citing the statute of limitations in...
ARMY | BCMR | CY1997 | 9711274
DD Form 41, Record of Emergency Date, dated 7 October 1992, shows the FSM as divorced, the two youngest children as residing with their mother. The applicant is listed as the FSM’s spouse. The opinion noted that, based upon lack of evidence that the FSM intended to deny his former spouse the benefit, and considering the nature of his relationship with his former spouse until his death as attested to by statements from the applicant and the FSM’s children, it is reasonable to change the...
ARMY | BCMR | CY2013 | 20130004639
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's record to show he elected to participate in the Survivor Benefit Plan (SBP) for spouse coverage. He married the applicant on 6 September 1985.
AF | BCMR | CY2013 | BC 2013 04812
However, there was no documentation in the evidence of record to indicate the deceased former member was incompetent at the time of his passing. The applicant has provided no evidence her deceased husband was incompetent prior to his death. The service member must live until the date of separation to be considered retired. A complete copy of the AFPC/JA evaluation is at Exhibit C. AFPC/DPFD recommends denial, indicating there is no evidence of an error or injustice.
ARMY | BCMR | CY2008 | 20080005338
The applicant requests that the records of her husband, a former service member (FSM), be corrected to show that he was not retired, but on active duty at the time of his death, thereby entitling her to: a. receive $150,000 in additional Servicemembers' Group Life Insurance (SGLI); b. receive extended TRICARE Prime health care eligibility at the active duty rate, for three years, at no cost for dependents of Soldiers who die on active duty; and c. receive reimbursement for the unused days of...
AF | BCMR | CY2010 | BC-2009-02505
DPP notes the ARPC Form 123, RCSBP Election Certificate, reflects the servicemember elected Option A, decline to make an election until age 60. The evidence of record shows that the applicant’s deceased husband, upon notification of his eligibility for retired pay at age 60, originally elected Option A under the RCSBP thereby electing not to make a decision regarding coverage for the applicant until he reached age 60. The evidence of record does show the deceased service member requested...
ARMY | BCMR | CY2014 | 20140007184
The applicant, the widow of a deceased former service member (FSM), requests her barred claim to receive a Reserve Component Survivor Benefit Plan (RCSBP) annuity be granted dating back to her spouse's death. The applicant provides: * License and Certificate for Marriage * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Orders 8-2 * Notice of Eligibility for Retired Pay at Age 60 (20-Year Letter) * DD Form 1883 * National Guard Bureau (NGB) Form 22 (Report...