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AF | BCMR | CY2001 | 0001629
Original file (0001629.doc) Auto-classification: Approved

                            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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