RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03081
INDEX CODE: 137.01
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s records be corrected to show that he elected to
participate in the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She should be considered to receive an annuity under the Reserve
Component Survivor Benefit Plan. In support of her request, she
provides a statement from her son who contends that the couple planned
on using the military pension as part of their retirement, but the
former member died before they could enjoy their retirement together.
He says that the former member was not a bookkeeper and that he
intended to return the RCSBP form but he didn’t have the opportunity.
The former member drowned on 9 June 2001 while fishing with friends.
In support of her request, applicant provided a statement from her
son, a copy of a memorandum of Notification of Eligibility for Retired
Pay at Age 60 and Audit of Retirement Points, and her late husband's
Certificate of Death. Applicant's complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member was notified of his eligibility to participate in
the RCSBP when he first became eligible on 23 September 1999. The
election package was sent by certified mail and was signed for by
Applicant on 22 October 1999. There is no evidence he made an
election at that time. Prior to 1 January 2001 by law, [Title 10
U.S.C., Sec. 1448(a)(2), which governs RCSBP, members must complete an
election within 90 days of receipt, otherwise the member would
automatically be enrolled in Option A, deferred election eligible to
make an election at age 60. The member died on 9 June 2001 at age 51.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS reviewed applicant’s request and recommends denial. The
member had an opportunity to elect RCSBP coverage but failed to do so.
Applicant 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. Upon the date in
which her husband would have turned age 60, the applicant will become
eligible to receive medical care through the TRICARE program. She may
also be eligible for benefit entitlements through the Veterans
Administration (VA). The DPS evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 6
December 2002 for review and comment 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded
that the deceased member’s records should be altered so that his
surviving spouse will be eligible to receive an RCSBP annuity.
Applicant’s contentions are duly noted; however, we do not find these
assertions, in and by themselves, sufficiently persuasive to override
the rationale provided by the Air Force. 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 establishing that she has suffered either an error or an
injustice. In view of the above and absent persuasive evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought.
_________________________________________________________________
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 Docket Number 02-03081
in Executive Session on 21 Jaunary 2003 under the provisions of AFI 36-
2603:
Mr. Daivd C. VanGasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Nov 02, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPTR, dated 27 Nov 02.
Exhibit C. Letter, SAF/MRBR, dated 6 Dec 02.
DAVID C. VANGASBECK
Panel Chair
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