RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00727
INDEX CODE 137.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband's records be corrected so that she may be eligible
for a Survivor Benefit Plan (SBP) annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her deceased spouse did not realize that the forms were not filled out
until he got sick. He remembered getting the paperwork and putting it
aside because he was very involved in preparing for an inspection.
They gave statements to his commanders in October 2001 to correct
this, but they assume no one followed through.
She feels she is entitled to any and all benefits regarding her
spouse, as this is what he would have chosen had he not been preparing
for an inspection. They have been a part of the military 22 of the
24½ years they were married.
In support of her request, applicant submits a copy of the former
member’s Death Certificate.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
former member’s military records, are contained in the letter prepared
by the appropriate office of the Air Force (Exhibit C).
_________________________________________________________________
AIR STAFF EVALUATION:
HQ ARPC/DPS reviewed this application and recommended denial. Based
on the evidence of record, a Reserve Component Survivor Benefit Plan
(RCSBP) package was sent to the former member and signed for on 1
February 2000; he was given a 90-day suspense. Since he did not reply
within the 90-day timeframe, he was automatically enrolled in Option
A, Deferred election until age 60. He remained eligible to elect
coverage under the RCSBP upon reaching age 60. The member died on 15
Nov 01, prior to reaching age 60.
By law, (Title 10 U.S.C., Sec. 1448(a)(2)), members must complete an
election within 90 days of receipt, otherwise the member remains
eligible to make an election at age 60.
The decedent’s spouse is entitled to other benefits as the unremarried
widow of a retirement-eligible member. She is eligible to utilize the
Commissary, Base Exchange and other base services. The date when the
decedent would have turned age 60, applicant will be eligible for
medical care through the TRICARE program. There may also be benefits
she is entitled to through the Department of Veterans Affairs (DVA).
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
10 May 2002 for review and comment within 30 days. As of this date,
no response has been received by this office (Exhibit 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. 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
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of 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 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 AFBCMR Docket Number
02-00727 in Executive Session on 16 August 2002, under the
provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Chair
Mr. Joseph A. Roj, Member
Mr. Roscoe Hinton Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 29 Apr 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 10 May 02, w/atchs.
BARBARA A. WESTGATE
Chair
The member remained eligible to make the election at age 60. 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, Applicant’s Congressman statement, dated 31 Jul 02.
AF | BCMR | CY2002 | BC-2002-01652
The member remained eligible to make the election at age 60. 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, Applicant’s Congressman statement, dated 31 Jul 02.
The ARPC/DPS evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 22 February 2002 for review and response within 30 days. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted. ...
He did not make an election during open enrollment season because he thought he already had coverage under the election he made in 1994. The Board notes the applicant did not elect RCSBP coverage within the required timeframe and was 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 | CY2002 | BC-2002-00555
_________________________________________________________________ APPLICANT CONTENDS THAT: At the time he received the RCSBP election package he did not know whether he was going to retire or not. _________________________________________________________________ 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 (Exhibit C). After a thorough...
_________________________________________________________________ APPLICANT CONTENDS THAT: Her spouse signed for the election package and it was never received by her. 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 and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...
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APPLICANT CONTENDS THAT: Her deceased husband planned to take his Air Force retirement at age 60. 6 98-01709 On 28 December 1981, ARPC/DPAAR notified the spouse of the deceased member that an RCSBP election had not been received by the deadline and informed her that RCSBP coverage was not in effect and no further election could be made until the member reached age 60. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...
AF | BCMR | CY2013 | BC 2013 02769
IAW U.S.C., Title 10, Subsection 1448(a)(2)(B), A person who is eligible to participate in the plan and who is married or has a dependent child when he is notified that he has completed the years of service required for eligibility for reserve-component retired pay, and elects to participate in the plan by designation before the end of the 90-day period beginning on the date he receives such notification. DPTTs system confirms the applicant reported her husbands death to ARPC on 28 March...