Search Decisions

Decision Text

AF | BCMR | CY2002 | 0200109
Original file (0200109.doc) Auto-classification: Approved

                            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

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-00178

    Original file (BC-2004-00178.DOC) Auto-classification: Denied

    ___________________________________________________________________ STATEMENT OF FACTS: On 28 Sep 79, the former member executed DD Form 1883, Survivor Benefit Plan Election Certificate, electing no coverage under Option A (Defer). Applicant’s counsel also provided copies of the member’s ARPC Form 0-69 (Application for Retired Pay), and DD Form 2656, which were signed by the member on 26 May 02. Specifically, under Option A, the member declined to make an election at that time,...

  • AF | BCMR | CY2003 | 0201726

    Original file (0201726.doc) Auto-classification: Denied

    An election not to participate in the SBP is irrevocable if not revoked before the date on which the member first becomes entitled to retired pay. 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. Exhibit E. Letter,...

  • AF | BCMR | CY2002 | BC-2002-01011

    Original file (BC-2002-01011.doc) Auto-classification: Denied

    He retired effective 1 February 2002 and is currently receiving retired pay. By law, once a member completes 20 years of TAFMS and applies for retired pay, the RCSBP election is no longer valid and the member must make an SBP election. However, he did receive SBP cost information when he elected RCSBP coverage in 1986.

  • AF | BCMR | CY2002 | 0201011

    Original file (0201011.doc) Auto-classification: Denied

    He retired effective 1 February 2002 and is currently receiving retired pay. By law, once a member completes 20 years of TAFMS and applies for retired pay, the RCSBP election is no longer valid and the member must make an SBP election. However, he did receive SBP cost information when he elected RCSBP coverage in 1986.

  • AF | BCMR | CY2003 | BC-2002-02976

    Original file (BC-2002-02976.DOC) Auto-classification: Denied

    His spouse signed the DD form 2526, Section XI, SBP Spouse Concurrence, her agreement for not receiving full coverage. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPP reviewed the applicant’s case file and recommends disapproval. After reviewing the evidence of record, we are not persuaded that the applicant has been the victim of an error or injustice.

  • AF | BCMR | CY2002 | 0103215

    Original file (0103215.doc) Auto-classification: Denied

    ___________________________________________________________________ STATEMENT OF FACTS: The 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: On 7 January 2002, HQ ARPC/DPP reviewed this application and recommended denial. On 23 April 2001, the applicant was sent...

  • AF | BCMR | CY2003 | BC-2002-02922

    Original file (BC-2002-02922.doc) Auto-classification: Denied

    After a thorough review of the evidence of record and applicant’s submission, the majority of the Board is not persuaded that deceased member’s records should be altered so that she would receive an SBP annuity. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. A majority found that applicant had not provided sufficient evidence of...

  • AF | BCMR | CY2004 | BC-2003-01922

    Original file (BC-2003-01922.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01922 INDEX CODE: 137.00, 137.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he elected former spouse and child as his beneficiaries for his Reserve Component Survivor Benefit Plan (RCSBP). The applicant’s 28 September 1997 RCSBP Election Certificate reflects his...

  • AF | BCMR | CY2004 | BC-2004-03077

    Original file (BC-2004-03077.DOC) Auto-classification: Denied

    On 27 Dec 92, he executed ARPC Form 123 electing spouse and child coverage, under Option C (immediate annuity), based on full retired pay. On 17 Feb 04, he executed DD Form 2656, Data for Payment of Retired Personnel, electing not to participate in the SBP. Novel, Member Mr. Michael K. Gallogly, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Sep 04, w/atchs.

  • AF | BCMR | CY2005 | BC-2005-02406

    Original file (BC-2005-02406.doc) Auto-classification: Approved

    ___________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPP reviewed this application and recommends denial, stating the member never applied for retired pay nor did he make an SBP election. The effective date of the SBP election is the member’s 60th birthday. MICHAEL K. GALLOGLY Panel Chair AFBCMR BC-2005-02406 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military...