DEPARTMENT OF THE AIR FORCE
WASHINGTON, D.C.
Office of the Assistant Secretary
AFBCMR 98-02009
SEP 2 3 1996
.
1.
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 retired pay.
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT'OF THE AIR FORCE
WASHINGTON, D.C.
8tP 2 3 l9$6
Office of the Assistant Secretary
AFBCMR 98-02009
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
Having carefully reviewed this application, we agree with the recommendation of the Air
Force and adopt the rationale expressed as the basis for our decision that the applicant has been
the victim of either an error or an injustice. Therefore, under the authority delegated in AFI 36-
2603, the applicant's records will be corrected as set forth in the accompanying Memorandum for
the Chief of Staff signed by the Executive Director or his designee.
Attachment
Ltr, ARPCDR, dtd 25 Aug 98
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR RESERVE PERSONNEL CENTER
.
MEMORANDUM FOR AFBCMR
FROM: HQARPCDR
6760 E Irvhgton Place #3000
Denver CO 80280-3000
SUBJECT: Application for Corre
1. The requested action cannot be accomplished administratively at this headquarters.
2. The applicant is requesting that her spouse's record be corrected:tb show he made a spouse
only election in the Reserve Component Survivor Benefit Plan (RCSBP) when he was first
eligible.
3. The following is an analysis of the circumstances surrounding the case:
a. A certified package, notifying the member of his eligibility to participate in the RCSBP
e package was
was mailed to his home address:
signed for by the member on 27 Feb 98
received by the HQ Air Reserve Personnel Center (ARPC).
There is no record of an election being
b. The applicant states that her husband had a severe illness which prevented him from
completing the application to participate in the RCSBP. The statements from attending
physicians indicate that the member was diagnosed with a brain tumor in April 1998.
c. The requirement that a member submit the RCSBP election within 90 days of receipt is
clearly established by Title 10, United States Code, Section 1448(a)(2)(B). The member would
have been eligible to participate in the Survivor Benefit Plan on 19 Dec 02, when he reached age
60.
d. The member died on 17 Jun 98 at age 55.
4. Recommendation: Recommend the applicant's request be approved. Although there is no
evidence that an injustice has occurred, the member's medical condition appears to have been a
strong factor in his non-response. If the decision is to grant the relief sought, the member's
record should be corrected to show that he elected full, immediate coverage for spouse only
(Option CA) under the RCSBP, effective 25 May 98.
5. Action officer is
reached by fax at D S !
-
.
HQ ARPUDRSE-
I y I p ” I
- y .
He can also be
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...
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...
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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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...
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, applicant's request is denied. The member is requesting that his record be corrected to allow his participation in the Reserve Component Survivor Benefit Plan (RCSBP).
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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...
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...