RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02620
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouse’s record be changed to show he elected to participate
in the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her spouse retired from the Air Force Reserves on 23 April 1999 after
serving 29 years in the Army National Guard, Army Reserves, and Air Force
Reserves. 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. The Air Force
Personnel Center (AFPC) informed the applicant that the form is not shown
in their computer system. Her spouse died on 22 February 2002. She
recently located the ARPC Form 123 and sent a copy to AFPC. She indicates
that it is obvious that her spouse wanted her to receive some financial
assistance, in the unlikely event of his death.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The election package was sent by certified mail and was signed for by the
applicant on 15 July 1999. At the end of the 90-day suspense on 12 October
1999, the servicemember was automatically enrolled in Option A, deferred
election until age 60.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommended denial. They stated that the applicant indicated that
her husband accomplished the ARPC Form 123. However, they have no record
of receiving the form. The 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. When she
reaches the age of 60, she 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).
The evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a response, with attachments, which is at Exhibit D.
_________________________________________________________________
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 an error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, the
majority of the Board agrees with the opinion and recommendation of the Air
Force and adopts their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. The RCSBP
election package was sent by certified mail and was signed for by the
applicant on 15 July 1999. It appears that no election was received at
ARPC from the servicemember during the 90-day suspense period. As a
result, at the end of the 90-day suspense on 12 October 1999, the
servicemember was automatically enrolled in Option A, deferred election
until age 60. The servicemember died on 22 February 2002 at the age of 58.
While the applicant claims her spouse accomplished the ARPC Form 123
unfortunately, there is no record of ARPC receiving the form. It is noted
that servicemembers were strongly encouraged to return their election form
by certified, return receipt mail; however, the majority finds no evidence
that the servicemember did this. The majority believes that there is
insufficient evidence that it was the servicemember’s intent to elect to
participate in the RCSBP. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2003-
02620 in Executive Session on 30 September and 23 October 2003, under the
provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Mike Novel, Member
By a majority vote, the Board recommended denial. Mr. Novel voted to grant
the applicant’s request and does not wish to submit a Minority Report. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 July 2003, w/atchs.
Exhibit B. Letter, ARPC/DPS, dated 20 August 2003, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 29 August 2003.
Exhibit D. Letter, Applicant, dated 25 September 2003
w/atchs.
DAVID C. VAN GASBECK
Panel Chair
AFBCMR BC-2003-02620
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant had
not provided sufficient evidence of error or injustice and recommended the
case be denied. I concur with that finding and their conclusion that
relief is not warranted. Accordingly, I accept their recommendation that
the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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