Search Decisions

Decision Text

AF | BCMR | CY1998 | 9800317
Original file (9800317.pdf) Auto-classification: Denied
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 

-  -. . . . -  -  . -  . 



Similar Decisions

  • AF | BCMR | CY2013 | BC 2013 05388

    Original file (BC 2013 05388.txt) Auto-classification: Denied

    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...

  • AF | BCMR | CY2002 | 0200779

    Original file (0200779.doc) Auto-classification: Approved

    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

    Original file (BC-2007-00214.doc) Auto-classification: Approved

    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

    Original file (20140015047.txt) Auto-classification: Approved

    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

    Original file (9711274.rtf) Auto-classification: Approved

    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

    Original file (20130004639.txt) Auto-classification: Denied

    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

    Original file (BC 2013 04812.txt) Auto-classification: Approved

    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

    Original file (20080005338.txt) Auto-classification: Denied

    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

    Original file (BC-2009-02505.doc) Auto-classification: Denied

    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

    Original file (20140007184.txt) Auto-classification: Approved

    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...