RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02163
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her husband’s record be changed to show he elected to participate in
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
No certification of receipt verifying that the former member declined
this benefit can be provided therefore, as his widow, she is entitled
to receive his death benefits.
In support of her application, she provided a personal statement and a
copy of the former member’s Certificate of Death. Applicant's
complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member was eligible to participate in the Reserve Component
Survivor Benefit Plan (RCSBP) on 10 July 1991 when he was notified he
had completed 20 satisfactory years of Federal service. The election
package was sent certified and signed for by B---- G---- (the
applicant’s son) on 29 February 1992. The former member did not
respond within the 90 days as required by law. At the end of the 90-
day suspense, the former member was automatically enrolled in Option
A, “Deferred Election Until Age 60.”
The former member remained eligible to elect coverage under the RCSBP
upon reaching age 60. He died on 8 August 2000 prior to reaching age
60.
During the 1 March 1999 to 29 February 2000 RCSBP open enrollment
season, members who had made no election or who had elected less than
full coverage for their spouses were able to change their election to
add or increase coverage. The former member was sent a package to his
mailing address (the same address listed on this application). There
is no evidence he made an election at that time.
_________________________________________________________________
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. She is eligible for a Commissary Privilege Card, Base
Exchange and other base services. When the former member would have
turned age 60, his spouse will become eligible to receive medical care
through the TRICARE Program. There may also be benefits she is
entitled to through the Veterans Administration (VA). ARPC encourages
her to contact the VA.
While ARPC sympathizes with the spouse, they do not believe an
injustice has occurred. The former member failed to elect coverage
when he was eligible.
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 her 15-year-old son. She found no
reference to this information and eligibility to participate in the
RCSBP in her deceased husband’s records. The former member maintained
tidy records. She also periodically reviewed the contents of their
locked safe for important papers and found no reference to his
military retirement. In Title 10 U.S.C. Section A, “An individual who
does not elect to participate in the plan during the 90 day period
remains eligible.” Unfortunately, her husband died and did not
collect his retirement.
In reference to item 4 stating that a second election package was sent
to their address, she states that during the dates indicated, her
husband was extremely ill and she handled all mail, correspondence,
bills, etc. She did not receive any type of package concerning his
retirement.
It is difficult for her to understand that a denial could be a
recommendation based upon a simple form. She requests that her
husband’s record be corrected to show full elected coverage for his
spouse under the RCSBP.
Applicant's response is attached at Exhibit E.
_________________________________________________________________
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. 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 the 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 this application, BC-
2003-02163, in Executive Session on 30 September 2003, under the
provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 24 Jul 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 1 Aug 03.
Exhibit E. Applicant’s Response, dated 17 Aug 03.
DAVID C. VAN GASBECK
Panel Chair
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. ...
AF | BCMR | CY2003 | BC-2003-02620
On 9 August 1999 he signed and returned a completed ARPC Form 123 - Reserve Component Survivor Benefit Plan Election Certificate, electing Option C - Immediate Annuity for spouse and child. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided a response, with attachments, which is at Exhibit D. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. ...
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...
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.
AF | BCMR | CY2003 | BC-2003-02248
At the end of his 90-day suspense the applicant was automatically enrolled in Option C, “Immediate coverage for spouse.” ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPS recommends denial. The RCSBP package that was sent to the applicant stated “if the completed ARPC Form 123 is not received at the Reserve Center or postmarked within 90 calendar days of receipt of this package at residence or current mailing address, the member is considered...
AF | BCMR | CY2003 | BC-2002-01714
They have no record the member made an election at either time. 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 in October of 1991, the former member signed for the package explaining retirement benefits that he was to review and elect the option of coverage to be provided. She also read in the letter of 1 November 2002, that the...
_________________________________________________________________ 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 | CY2003 | BC-2003-02455
There is no evidence he made an election at that time. The applicant was sent an open enrollment letter to his home address during the RCSBP open enrollment season, 1 March 1999 to 28 February 2000. During the RCSBP open enrollment season from 1 March 1999 to 28 February 2000, records indicate the applicant was notified.
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...
A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In reference to the advisory stating the former member failed to elect RCSBP when initially eligible in February 1997, counsel states that the opinion relies on the mailing of an election package to the former member, and the apparent lack of any response. After reviewing the evidence of record, we are not persuaded that...