RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01028
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be allowed to participate in the Reserve Component Survivor Benefit Plan
(RCSBP).
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
STATEMENT OF FACTS:
The 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 Director of Customer Assistance, ARPC/DPS, reviewed the application and
states that the applicant was provided an RCSBP eligibility package on 1
September 1995. In addition, during the RCSBP open enrollment, the
applicant was again notified of an opportunity to enroll in the RCSBP.
However, there is no record of an election being received by ARPC.
Therefore, they recommend the application be denied.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 27 May 2000, for review and response within 30 days. However, as of
this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice to warrant the applicant’s
enrollment in the RCSBP. In this respect, during the 1 March 1999 through
29 February 2000 RCSBP open enrollment, the Air Reserve Personnel Center
notified the applicant of an opportunity to enroll in the program.
However, we note the applicant’s street address is misspelled on the open
enrollment master listing used to notify him. In view of this, and in the
absence of evidence showing that the applicant did in fact receive the
notification of his eligibility to enroll during the open enrollment
period, we believe the interest of justice can best be served by ruling in
the applicant’s behalf. Therefore, we recommend his records be corrected
to the extent indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that he elected full, immediate coverage
for spouse only (Option CA) under the Reserve Component Survivor Benefit
Plan (RCSBP), effective 1 March 1999.
The following members of the Board considered this application in Executive
Session on 3 August 2000, under the provisions of AFI 36-2603:
Dr. Gerald B. Kauvar, Panel Chair
Ms. Marcia J. Bachman, Member
Mr. Roger E. Willmeth, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Apr 00
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 9 May 00, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 27 May 00.
ROGER E. WILLMETH
Acting Panel Chair
AF | BCMR | CY2002 | BC-2002-00065
However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining 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 at Exhibit...
However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining 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 at Exhibit...
AF | BCMR | CY2003 | BC-2003-01245
DPS has no record showing the applicant made an election at this time. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of 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. ...
AF | BCMR | CY2005 | BC-2004-03829
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03829 INDEX CODE: 137.04 XXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reserve Component Survivor Benefits Plan (RCSBP) election be changed from Option “A” (Decline to make an election until age 60) to Option “C” (Immediate Annuity). He agreed and elected Option “A.”...
The Reserve Component Survivor Benefit Plan (RCSBP) information package sent to the former servicemember, when he was initially eligible to establish survivor coverage on the applicant’s behalf, specifically advised the member that his RCSBP election certificate had to be received by the Air Reserve Personnel Center (ARPC) within 90 days of receipt of the package at his home. A review of the evidence submitted does not reveal that the deceased member was provided inadequate information...
AF | BCMR | CY2003 | BC-2003-02455
There is no evidence he made an election at that time. The applicant was sent an open enrollment letter to his home address during the RCSBP open enrollment season, 1 March 1999 to 28 February 2000. During the RCSBP open enrollment season from 1 March 1999 to 28 February 2000, records indicate the applicant was notified.
AF | BCMR | CY2003 | BC-2003-01300
The election package was sent by certified mail and signed for by Mrs. D--- K--- on 2 September 1994. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states that during their RCSBP open enrollment season, March 1999 to 28 February 2000, their records indicate that the applicant was notified at his home of record. They have no record that the applicant made an election at that time.
AF | BCMR | CY2006 | BC-2004-03751
A certified package notifying the servicemember of his eligibility to participate in RCSBP was sent to his home address and his wife signed for the package on 13 May 1994. ARPC has no record of receiving an election request from the servicemember. 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 and adopt its rationale as the basis for our conclusion that the applicant has not...
AF | BCMR | CY2004 | BC-2004-01183
Since his election was deferred until age 60, he would have been eligible to make his RCSBP election choice in April 2005. We took notice of the applicant's complete submission in judging the merits of the case and sympathize with her positiion; 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. ...
AF | BCMR | CY2003 | BC-2002-01714
They have no record the member made an election at either time. A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The spouse of the former member states in October of 1991, the former member signed for the package explaining retirement benefits that he was to review and elect the option of coverage to be provided. She also read in the letter of 1 November 2002, that the...