RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02263
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he elected to participate in
the Reserve Component Survivor Benefit Plan (RCSBP).
___________________________________________________________________
APPLICANT CONTENDS THAT:
His 20-year letter came at the same time he was leaving the
California National Guard and being accepted in the California Air
National Guard. He completed his SBP Election Certification in
Nov 99. Since that time, he has been diagnosed with Frontal Lobe
Dementia and Lou Gehrig’s disease.
In support of his appeal, applicant submitted a copy of his ARPC
Form 123, RCSBP Election Certificate; a copy of his 20-year letter,
w/atch, dated 1 Aug 97; a copy of a letter from his physician,
dated 24 Jun 03; a copy of his NGB Form 22, dated 30 May 99; and
copies of his discharge and retirement orders.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant was transferred to the Retired Reserve Section effective
1 Jun 99. His date of birth (DOB) is 16 Mar 53. He was notified
of his eligibility to participate in the RCSBP when he was first
eligible on 13 Jun 99. The election package was sent by certified
mail to the applicant’s current address. Applicant signed for the
package on 6 Nov 99.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS reviewed this application and recommended denial.
According to Title 10 USC, Section 1448a(2), a member must complete
an election within 90 days of receipt; otherwise the member remains
eligible to make an election at age 60. The package clearly
identified the 90-day suspense and there is no evidence applicant
made an election at that time. At the end of his 90-day suspense
on 4 Feb 00, he was automatically enrolled in Option A, “Deferred
election until age 60.” He did not make an election and he remains
eligible to make an election at age 60.
A complete copy of the evaluation, with attachments, is at Exhibit
C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In the applicant’s response, he states in Feb 02, he began to have
physical symptoms from what now has been identified (in Apr 03) as
Frontal Temporal Dementia and Lou Gehrig’s disease commonly known
as FTD and ALS. He has been given 12 to 14 months to live and if
this prediction is correct he will not be around at age 60 to make
the election he thought he made on 14 Nov 99.
In support of his appeal, applicant provided a copy of his civilian
employee performance appraisal, dated 20 Dec 02.
Applicant’s complete response, with attachments, is 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 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. 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
BC-2003-02263 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 1 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPS, dated 24 Jul 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 1 Aug 03.
Exhibit E. Letter, Applicant, dated 21 Aug 03, w/atchs.
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. ...
As of this date, no response has been received by this office (Exhibit C). The applicant contends that he was never notified that if he did not elect RCSBP coverage within the required timeframe that his coverage would be 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 | 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-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.
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 | CY2002 | BC-2002-00065
However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining 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 at Exhibit...
However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining 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 at Exhibit...
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...
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...
ARPC forwarded a letter to the applicant informing him that his RCSBP election could not be processed because he missed the 90-day time limit required by law. The applicant states that he completed his package and forwarded it to ARPC on 19 Jun 00 and that it was returned ripped and damaged by the post office. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 6 February 2001 under the...