RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00065
INDEX CODE: 137.00, 137.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be corrected to show he elected to participate in the
Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1999, he elected for his wife to receive survivor benefits in the
event of his death. 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 applicant’s complete submission,
with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently on the Retired Reserve List awaiting pay.
He has completed 20 years, 9 months and 29 days of satisfactory
service.
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 C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS recommends the application be denied. DPS stated that the
applicant was notified of his eligibility to participate in the
Reserve Component Survivor Benefit Plan (RCSBP) when he was first
eligible in Apr 92. The election package was sent by certified mail
and was signed for by the applicant on 8 Apr 92. There is no evidence
he made an election at that time. At the end of his 90-day suspense
on 4 Jul 92, he was automatically enrolled in Option A, Deferred
election until age 60. During the 1 Mar 99 to 28 Feb 00 RCSBP open
enrollment, the applicant was notified of an opportunity to enroll in
the RCSBP. Although the applicant stated he mailed an election form
in during this time period, there is no record that a form was
received at that time. The applicant will have another opportunity to
make an election when he reaches retirement age 60. The HQ ARPC/DPS
evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and indicated that the
election was made and mailed. Even though the appropriate Air Force
office did not receive it, it was not returned to him. He had no
prior knowledge that his election request had not been processed. A
complete copy of the applicant’s response, with attachments, is 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
unpersuaded that his records should be corrected to show he elected
coverage in the Reserve Component Survivor Benefit Plan (RCSBP). His
contentions are duly noted; however, we do not find these
uncorroborated assertions, in and by themselves sufficiently
persuasive to override the rationale provided by the Air Force office
of primary responsibility. The evidence reflects that the RCSBP
package was forwarded to the former member during the 1 Mar 99 to 28
Feb 00 open enrollment. However, there is no evidence showing the
former member returned an election certificate indicating his intent
for election of spouse coverage in the RCSBP. We therefore agree with
the recommendation of the Air Force office of primary responsibility
and conclude that the applicant has failed to sustain his burden that
he has suffered either an error or injustice. While we are not
unsympathetic to the applicant’s situation, in view of the above and
in the absence of sufficient evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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 23 April 2002, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton Jr., Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Dec 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 8 Mar 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 15 March 2002.
Exhibit E. Letter from Applicant, dated 6 Apr 02, w/atchs.
DAVID C. VAN GASBECK
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...
_________________________________________________________________ APPLICANT'S REVIEW OF AIR STAFF EVALUATION: Applicant’s counsel provided a response to the Air Force evaluation, which included another letter from the applicant, her son-in-law and a friend of the deceased military member. 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...
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...
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.
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-2003-02263
Applicant’s complete submission is at Exhibit A. The package clearly identified the 90-day suspense and there is no evidence applicant made an election at that time. 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.
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.
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-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...
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...