RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-00336
INDEX CODE: 137.04
(DECEASED) COUNSEL: None
HEARING DESIRED: Not indicated
APPLICANT REQUESTS THAT:
Her late husband’s records be modified to allow his participation
in the Reserve Component Survivor Benefit Plan (RCSBP).
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. Her late husband never had an opportunity at age 60 to
make an election under Option A of the SBP. On 3 Aug 97, 14 days
prior to his 59th birthday, he was diagnosed with incurable
pancreatic cancer that spread to his liver. He died on 3 Oct 97 at
the age of 59, two months from the date of the original diagnosis.
It is her opinion that her late husband signed Option A not knowing
the legal and financial ramifications of that election and if he
truly understood them, she is sure he would never have elected the
option that would negatively impact his family.
Applicant's complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
On 2 Oct 79, the member elected Option A (decline to make an
election until age 60). At that time, the member was not married;
however, he did have a dependent child that was still eligible to
be named as the beneficiary of his RCSBP.
On 3 Oct 97, the member died at age 59.
Section 1448(a)(2)(b), Title 10, United States Code (USC), states
that when a member elects Option A, he cannot make another election
until age 60.
AIR FORCE EVALUATION:
The Deputy Director, ARPC/DR, reviewed this application and
indicated that the RCSBP package sent to the member contained
detailed information and was sufficient for the member to make an
informed decision. The applicant states that prior to their
remarriage in 1995, she was in possession of a power of attorney,
allowing her to make or amend any and all financial documents
impacting the family. The power of attorney is irrelevant in this
matter, as an election could not be made prior to the member
reaching age 60. DR recommends relief be denied.
A complete copy of the Air Force evaluation is attached at
Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and submits a statement
and documentation through her congressional representative. She
states that it is important to note that at the time of her late
husband’s honorable discharge from the Air Force, they were legally
divorced. They were married in 1957, had three children together,
divorced in 1963 and subsequently remarried on 26 May 1995.
However, during the period from 1963 through 1995, they were only
living apart for two out of the 32 years.
Applicant's complete response, with attachments, is attached 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 be modified to allow participation in the RCSBP. Her
contentions are duly noted; however, we do not find these
assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. We therefore
agree with the recommendation of the Air Force and adopt the
rationale expressed as the basis for our decision that the
applicant has failed to sustain her burden that she has suffered
either an error or an injustice. Therefore, we find no compelling
basis to recommend granting the relief sought.
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 20 April 2000, under the provisions of Air
Force Instruction 36-2603:
Mrs. Barbara A. Westgate, Panel Chair
Mr. Mike Novel, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Feb 99, w/atchs.
Exhibit B. Member’s Master Personnel Records.
Exhibit C. Letter, ARPC/DR, dated 25 Mar 99.
Exhibit D. Letter, AFBCMR, dated 5 Apr 99.
Exhibit E. Letter fr C/M, dated 9 Jun 99, w/atchs.
BARBARA A. WESTGATE
Panel Chair
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 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.
AF | BCMR | CY2002 | BC-2002-01652
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.
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. A copy of the complete Air Force evaluation, with attachment, is...
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