RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01652
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to allow his participation in the Reserve
Component Survivor Benefit Plan (RCSBP).
___________________________________________________________________
APPLICANT CONTENDS THAT:
He did not receive the RCSBP Election Certificate in time to submit it
within the 90-day time limit. He was being transferred at the time the
package was received by his wife’s uncle at his temporary address, and he
did not receive the package until 15 May 2000.
Applicant's complete submission is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the letters prepared by
the appropriate offices of the Air Force. Accordingly, there is no need
to recite these facts in this Record of Proceedings.
___________________________________________________________________
AIR FORCE EVALUATION:
The Directorate of Customer Assistance, HQ ARPC/DPS, reviewed this
application and recommended denial. A certified package notifying the
member of his eligibility to participate in the RCSBP was sent to his
home address in Albuquerque, NM, and it was signed for on 10 February
2000. The applicant states he was being transferred at the time the
package was received by his spouse’s uncle at a temporary address on 10
February 2000. Although the applicant states he did not receive the
package until 15 May 2000, the RCSBP
election certificate was signed on 10 May 2000, and returned by mail on
20 May 2000. It was the member’s responsibility to provide an address at
which he could receive official correspondence in a timely manner. The
election was received by ARPC on 24 May 2000. By law, the member is
required to submit an election within 90 days of receipt. He remains
eligible to participate in the SBP when he reaches age 60.
A complete copy of the evaluation is attached at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 14
July 2000, for review and response within 30 days (Exhibit D). 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. 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 the applicant’s submission, we are not persuaded
that relief is appropriate. However, we noted that the applicant will be
eligible to participate in the Reserve Component Survivor Benefit Plan
when he reaches age 60. Therefore, we agree with the opinion and
recommendation of the Air Force and adopt the rationale expressed as the
basis for our decision that the applicant is not entitled to the relief
sought in this application.
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 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 6 February 2001, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 June 2000, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 29 June 2000.
Exhibit D. Letter, SAF/MIBR, dated 14 July 2000.
DAVID C. VAN GASBECK
Panel Chair
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-2003-01117
Applicant's complete submission, with attachments, is at Exhibit A. During the RCSBP open enrollment, March 1999 to 29 February 2000, records indicate that the member was notified but did not respond within the 90 days as required by law. 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 of having suffered either an error or an injustice.
AF | BCMR | CY2003 | BC-2003-02163
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states that the spouse of the former member is entitled to other benefits as the unremarried widow of a retirement eligible member. 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 that a package was sent certified mail and signed for by...
ARPC forwarded a letter to the applicant informing him that his RCSBP election could not be processed because he missed the 90-day time limit required by law. The applicant states that he completed his package and forwarded it to ARPC on 19 Jun 00 and that it was returned ripped and damaged by the post office. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 6 February 2001 under the...
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-2003-02248
At the end of his 90-day suspense the applicant was automatically enrolled in Option C, “Immediate coverage for spouse.” ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPS recommends denial. The RCSBP package that was sent to the applicant stated “if the completed ARPC Form 123 is not received at the Reserve Center or postmarked within 90 calendar days of receipt of this package at residence or current mailing address, the member is considered...
AF | BCMR | CY2003 | BC-2002-03589
A complete copy of the evaluation is attached at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: The applicant’s daughter, in a letter dated 19 August 2003, informed this office the applicant died on 26 January 2003. At the time the servicemember was eligible to elect coverage there was no requirement, either by policy or statute to notify a spouse if the servicemember made no election for coverage. ...
As of this date, no response has been received by this office (Exhibit C). The applicant contends that he was never notified that if he did not elect RCSBP coverage within the required timeframe that his coverage would be automatically enrolled under Option A. The applicant was notified on two occasions of his eligibility to enroll in RCSBP but did not elect coverage either time.
There was no evidence that the service member made an election at that time. Therefore, based on the evidence provided they recommend denying the applicant’s request. _________________________________________________________________ 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...