RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01117
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)
annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband completed and returned all necessary paperwork to enroll
in the RCSBP but it was misplaced by ARPC.
In support of her request, applicant provided a copy of her late
husband’s Certificate of Death, and a personal statement.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member was eligible to participate in the RCSBP on 23 May
1996 when he was notified of completing 20 satisfactory years of
service. The election package was sent and certified received on 16
September 1996. There is no evidence he made an election at that
time. At the end of his 90-day suspense, he was automatically
enrolled in Option A, Deferred Election Until Age 60. 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.
The former member remained eligible to elect coverage under RCSBP upon
reaching age 60, but he passed away prior to reaching age 60.
________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS recommends denial. The former member had opportunities to
elect RCSBP coverage for the applicant but failed to do so. He did
not respond within 90 days as required by law and no injustice has
occurred.
The DPPTR evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 23 May 2003, for review and response. As of this date,
this office has received no response.
_________________________________________________________________
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
spouse would be eligible to receive an SBP 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 having suffered either an error or an injustice. In
view of the above and absent to 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 BC-2003-
01117 in Executive Session on 30 September 2003 under the provisions
of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Mike Novel, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Mar 03, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, dated 9 May 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 23 May 03.
DAVID C. VAN GASBECK
Panel Chair
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