RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00094
137.02
(Deceased) COUNSEL: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband’s records be corrected to show he elected spouse only
coverage in the Reserve Component Survivor Benefit Plan (RCSBP) when
he was first eligible.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband did not inform her of any type of RCSBP that he was
entitled to after completing 20 years of satisfactory service. She did
not have a chance to review any type of package from HQ ARPC/DPAR and
concur with it.
Her complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Relevant facts pertaining to this application, extracted from the
applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force. Accordingly, there is no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Deputy Director of Customer Assistance, HQ ARPC/DR, reviewed the
appeal and advises a certified package was sent to the deceased
member’s home address in Philadelphia, PA. The package was signed for
on 23 August 1994. Since he did not return an RCSBP election, his
spouse was not required to concur or receive notification of his non-
response. Denial is recommended.
A copy of the complete Air Force evaluation, with attachment, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded that the certified package was mailed to their
old address. She and her late husband bought a house in Willingboro,
NJ, on 10 December 1993 and moved immediately thereafter. Her husband
did not sign for the package; the signature is from the person who is
living in their old house. She provides a copy of the new home
purchase and insurance papers.
Her complete rebuttal, with attachments, is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that her late husband’s records should reflect election of
spouse only coverage in the RCSBP when he was first eligible. The
RCSBP eligibility package was mailed to the decedent’s then-known
address in Philadelphia in August 1994. The applicant contends they
had moved to New Jersey and someone else signed the receipt at their
old house in Philadelphia. However, this does not constitute a
mitigating factor warranting relief. On the contrary, for it is the
responsibility of each member to keep his service apprised of his
latest address. We note the decedent and his wife applied for a loan
for the New Jersey house in October 1993, and the house was purchased
in December 1993. This gave both parties ample time to advise the Air
Force Reserves and/or other appropriate agencies of their new address,
as it was their responsibility to do. The applicant’s circumstances
are regrettable; however, as she has failed to sustain her burden of
having suffered either an error or an injustice, we cannot hold anyone
else culpable. In view of the above and absent persuasive evidence to
the contrary, we find no compelling basis to recommend granting the
relief sought.
4. The documentation provided with this case was sufficient to give
the Board a clear understanding of the issues involved and a personal
appearance, with or without legal counsel, would not have materially
added to that understanding. Therefore, the request for a hearing is
not favorably considered.
_________________________________________________________________
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 application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 25 May 1999, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Ms. Ann L. Heidig, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jan 99, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DR, dated 3 Feb 99, w/atch.
Exhibit D. Letter, AFBCMR, dated 22 Feb 99.
Exhibit E. Letter, Applicant, dated 3 Mar 99.
BARBARA A. WESTGATE
Panel Chair
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.
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Records indicate that he did not elect to participate during these timeframes. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. Exhibit C. Letter, SAF/MRBR, dated 15 September 2014.
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APPLICANT CONTENDS THAT: Upon her late husband’s retirement, he completed the SBP Election Certificate and elected Option A to decline to make an election at that time, but to remain eligible to make an election for coverage at age 60. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her late husband’s records should be modified to allow participation in the RCSBP. The following members of the Board considered this application...
The evidence also establishes the deceased member’s efforts to provide the applicant with all the benefits she was entitled to as the spouse of a retired service member. Microfiche records verify SBP enrollment packets and newsletters were mailed to the address the decedent provided to the finance center during the 1981-1982 and 1992-1993 open enrollment periods. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...
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Upon contacting the Air Reserve Personnel Center (ARPC) regarding RCSBP benefits, she was told her spouse had not made an election for coverage at the time of his 20- year letter or during following open enrollment periods. She questions a letter her spouse had received dated 1 March 1999 from HQ ARPC notifying him of an RCSBP Open Enrollment period. The Board noted that the now- deceased former member received the initial RCSBP package at his home on 8 March 1989, and did not respond to it.