RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00109
INDEX CODE:137.04
COUNSEL: RANDALL B. DICKOW
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Retirement benefits from 3 March 2000 and survivor benefits commencing 22
October 2001 be paid to the former member’s widow.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The former member had completed but did not submit a retirement benefits
application.
In support of his appeal, applicant, brother of the deceased former member,
provides correspondence regarding the former member’s application for
direct deposit for retired pay, a copy of DD Form 2656, Data for Payment of
Retired Personnel and a copy of the Certificate of Death.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained in the
letter prepared by the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends the application be denied. DPP states that the former
member completed the application for Reserve retired pay at age 60 but
never submitted the forms for processing. DPP states that to apply for
Reserve retired pay, a member must complete an ARPC Form 0-69, Application
for Retired Pay, and submit the form to the ARPC for processing. DPP
further states that in order to establish survivor benefit coverage under
the Survivor Benefit Plan, a member must complete Section IX of the DD Form
2656 and submit the form to ARPC. DPP states that the form was sent to the
member on 14 February 2000; however, there is no indication in the former
member’s record the form was ever received at APRC. DPP states that
although the applicant states he found the completed DD Form 2656 in the
former member’s papers it is not valid because the member’s signature was
not witnessed in Section XII, Item number 33, and the form was never
received at ARPC.
The DPP evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded by stating that he does not contest the procedural
rules, he questions the inequitable result of these rules. The applicant
is in disbelief that our government is in effect telling its veterans that
if you do not dot all your “i”s and cross all your “t”s before you die, you
will not receive the contracted benefits for your years of service. In
closing, the applicant states that equity demands that
retirement/survivor's benefits be allowed as requested.
A complete copy of the applicant’s response is at attachment D.
_________________________________________________________________
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 injustice. The applicant asserts that his brother, the former
member, was not of sound mind due to a severe mental incapacity; therefore,
he did not apply for and elect retirement and survivor benefits. The Air
Force Reserve office of primary responsibility notes that to apply for
Reserve retired pay a member must complete and submit the form to the Air
Reserve Personnel Center (ARPC) for processing. Additionally, in order to
establish survivor benefit coverage under the Survivor Benefit Plan the
former member’s signature must be witnessed and the form sent to ARPC for
processing. We find it difficult to believe that any reasonable member, of
sound mind, would have acted in a manner so contrary to their best
interests by not responding in some fashion to the notification, rather
than lose these entitlements, which he had earned. Notwithstanding the
fact that the forms were not returned to ARPC, we believe there is some
doubt as to whether the applicant was of competent mental capacity to make
such a decision and, therefore, he should be afforded the benefit of the
doubt in this matter. Accordingly, it is our opinion his records should be
corrected in the following manner.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to FORMER MEMBER be corrected to show that:
a. On 25 February 2000, he applied for Reserve Retired Pay,
effective 3 March 2000, and his request was approved by competent
authority.
b. On 25 February 2000, he elected spouse coverage under the
Survivor Benefit Plan, based on full retired pay.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 10 July 2002, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr, Panel Chair
Mr. Clarence D. Long, Member
Ms. Ann-Cecile McDermott, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jan 02, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 24 Apr 02 w/atchs.
Exhibit C. Letter, SAF/MIBR, dated 10 May 02.
Exhibit D. Letter, Applicant, dated 21 May 02 w/atchs.
ROSCOE HINTON JR
Panel Chair
AFBCMR 02-00109
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 , be corrected to show that:
b. On 25 February 2000, he applied for Reserve Retired Pay,
effective 3 March 2000, and his request was approved by competent
authority.
c. On 25 February 2000, he elected spouse coverage under the
Survivor Benefit Plan, based on full retired pay.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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