RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01265
INDEX CODE: 137.00, 135.02
APPLICANT (Deceased) COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband's record be corrected to reflect:
a. He was eligible to receive retired reserve pay.
b. He elected spouse coverage under the Reserve Component
Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
But for his untimely death, her husband's intentions were to serve in
the Air National Guard beyond the required twenty years.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The servicemember had completed 19 years of satisfactory service at
the time of his death.
The applicant died on 4 September 1999 at the age of 50.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP states in accordance with Title 10 USC, Section 12731, for a
service member to be eligible for retired Reserve pay, the service
member must complete at least 20 years of satisfactory service with
the last six or eight years of service in a Reserve component. In
order to receive pay under Title 10 USC, Section 12731b, the member
must have completed at least 15, but less than 20 years of
satisfactory service, with the last six or eight years in a Reserve
component, and the member must be medically disqualified for continued
military service. In reviewing the service member's record he had 19
years of service at the time of his death. The service member did not
attain 20 years of satisfactory service, nor was he medically
disqualified for continued service and therefore he is not eligible
for Reserve retired pay. In view of the above, they recommend denying
the applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
On 16 May 2002, the Assistant Secretary for Manpower & Reserve Affairs
(SAF/MR) considered and denied a similar case wherein the widow was
requesting a waiver of the 20-year requirement for retirement
eligibility (Exhibit E).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluation and SAF/MR memorandum were
forwarded to the applicant on 21 June 2002 and 26 July 2002,
respectively, for review and response within 30 days. 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 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 decision that the
applicant has failed to sustain her burden that she has suffered
either an error or an injustice. The applicant’s late-husband did not
meet the eligibility criteria in accordance with Title 10 U.S.C.,
Section 12731 or 12731b, to receive a reserve retirement or pay.
Therefore, the applicant is not eligible to receive RCSBP annuity
based on her late-husband’s military service. In view of the
foregoing and 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-
01265 in Executive Session on 21 January 2003, under the provisions of
AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Apr 02, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 11 Jun 02.
Exhibit D. Letter, SAF/MRBR, dated 21 Jun 02.
Exhibit E. Letter, SAF/MR, dated 16 May 02.
Exhibit F. Letter, AFBCMR, dated 26 Jul 02.
DAVID C. VAN GASBECK
Panel Chair
_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, ARPC/DPP, reviewed the application and states that in accordance with Title 10 USC, Section 12731, in order for a service member to be eligible for retired Reserve pay, the service member must complete at least 20 years of satisfactory service with the last six years of service in a Reserve component. In reviewing the service member's record he had over 19...
In order to establish eligibility for Reserve retired pay under the provisions of Title 10, United States Code, Section 12731, a member must complete 20 years of satisfactory service with the last 6 years of qualifying service in a Reserve component. Although he completed sufficient points for his full R/R year ending 11 September 2000, to be satisfactory, he died prior to completion of the 20th year. On the date of his death, the deceased member had sufficient points for a year of...
_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPP, stated that the member began drawing Air Force Reserve retired pay effective 5 Aug 93, his 60th birthday, until his death on 18 Jul 98. A complete copy of this evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and...
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-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...
_________________________________________________________________ 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...
AF | BCMR | CY2010 | BC-2010-00389
________________________________________________________________ APPLICANT CONTENDS THAT: Her late husbands record is in error because at the time of his death, he was eligible for Reserve retirement pursuant to Title 10, United States Code (USC), Section 12731, thereby making his spouse eligible to receive RCSBP effective the date of his death, 19 Oct 09. The member was notified, by letter, of his eligibility to participate in the RCSBP in 2000 and that he had 90 days in which to make an...
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. ...
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...