RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01629
INDEX CODE: 137.00
APPLICANT (Deceased) COUNSEL: None
SSN HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Late wife’s record be modified to allow participation in the
Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not aware of this RCSBP decision until after his wife’s death.
At the time his wife received the RCSBP letter, she was no longer
making the decisions on these types of matters due to her being
incapacitated by her illness.
Her failure in responding to the RCSBP letter, option A was initiated
by default. He states that if he had seen the letter they would have
chosen option C.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The member’s RCSBP package was mailed to her home address an RCSBP
election package. The member signed for the package on 4 Sep 98.
ARPC has no record of receiving an election request from the member.
The member committed suicide on 28 Sep 99.
_________________________________________________________________
AIR FORCE EVALUATION:
The Director, Directorate of Customer Assistance, ARPC/DPS, reviewed
this application and states the RCSBP package was sent to the member’s
home address and was signed for by the member. Although the applicant
states that his wife was incapacitated due to her illness the
documentation submitted does not sufficiently
establish that the member was physically or mentally unable to make an
election for RCSBP. The requirement to submit an RCSBP election
within 90 days is established by Title 10, USC, Section 144(a)(2)(B).
They recommend relief be denied.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 Jul 00, a copy of the Air Force evaluation was forwarded to
applicant for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
The Chief, Medical Consultant, AFBCMR, Medical Advisor, SAF Personnel
Council, reviewed the application and states that it is difficult to
know with certainty what the deceased’s state of mind was in the
months leading up to her receiving the election information on RCSBP.
The servicemember received in Sep 98 a notice of eligibility for
election of RCSBP benefits. The Sep-Dec 98, time is relevant to the
servicemember’s frame of mind, there was very little documentation
submitted for this timeframe. The servicemember had a 3-month period
to make an election, and failing to do so may indicate either her
desire not to participate in survivor benefits, or an actual failure
on her part to respond because of her mental state. She was under
multiple drug therapies in these months and it reasonable to favor her
husband’s contention that she was not capable at that time to make a
decision to provide for her family in the event of her death. Her
suicide attempt in late December is clear evidence of her altered
mental state. The Medical Consultant wishes to convey sympathy to
servicemember’s family, and believes with the information given, that
the deceased’s failure to elect survivor benefits for her family was
proximately caused by her altered mental state and use of prescription
medications that may have well clouded her judgment and reasoning
ability.
A complete copy of the evaluation is at Exhibit G.
_________________________________________________________________
APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
On January 18, 2001, AFBCMR Medical Consultant Advisory was forwarded
to the applicant for review and response within 30
days. 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 timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After thoroughly
reviewing the documentation submitted with this appeal, we are
persuaded that the servicemember due to her illness and the fact that
she was under multiple drug therapies during the timeframe in question
was incapable of making a decision for her family’s future.
Furthermore, her suicide attempt in December is clear evidence of her
altered mental state. The Board concurs with the rationale of the
BCMR Medical Consultant and recommends granting the relief sought.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:
On 4 November 1998, she elected spouse only coverage, Option CA,
immediate coverage, under the Reserve Component Survivor Benefit Plan
(RCSBP), naming XXXXX as beneficiary based on full retired pay.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 6 October 2000 and 15 March 2001, under the
provisions of AFI 36-2603:
Mr. David C. VanGasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Ms. Diane Arnold, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 June 2000, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 5 July 2000.
Exhibit D. Letter, SAF/MIBR, dated 21 July 2000.
Exhibit E. Letter, AFBCMR, dated 7 December 2000.
Exhibit F. Applicant’s Response, dated 3 January 2001,
w/atchs.
Exhibit G. Letter, AFBCMR Medical Consultant, dated
12 January 2001.
Exhibit H. Letter, AFBCMR, dated 18 January 2001.
DAVID C. VANGASBECK
Panel Chair
AFBCMR 00-01629
INDEX CODE: 137.00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, SSN, be corrected to show that on 4
November 1998, she elected spouse only coverage, Option CA, immediate
coverage, under the Reserve Component Survivor Benefit Plan (RCSBP),
naming SPOUSE as beneficiary based on full retired pay.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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