RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03325
INDEX CODE: 137.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s military record be changed to show he elected
to participate in the Reserve Component Survivor Benefit Plan (RCSBP)
with an election based on the full amount of retired pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her deceased husband served 19 years, 1 month, and 3 days in the
military. She contends she may be eligible for military benefits, as
a result of his service, as he remained on active duty until his
death. She believes that, had her husband lived, he would have served
out his remaining time thereby entitling her to retirement pay or an
identification (ID) card.
In support of her appeal, the applicant has provided copies of a DD
Form 214, Report of Separation and Record of Service, their marriage
license, and her deceased husband’s death certificate.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent was a member of the Florida Air National Guard (FL ANG)
from 21 July 1986 until his death on 10 May 1990. He achieved the
rank of Master Sergeant (MSgt/E-7) and had served for a total of 19
years, 1 month, and 3 days of combined active and Reserve component
service.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends denial but encourages the applicant to contact the
Veterans Administration (VA) as she may be eligible for other benefits
through the VA. DPS states that, had the decedent lived and retired
from the military, he would have been
eligible to elect RCSBP coverage on 10 May 1991. This
notwithstanding, the deceased member did not complete 20 satisfactory
years of service.
DPS’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9
January 2004 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. 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. While we sympathize with the applicant, the
law requires the member to complete 20 years of satisfactory service
to be eligible to participate in RCSBP. 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-
2003-03325 in Executive Session on 14 April 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Michael J. Novel, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Sep 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 30 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 9 Jan 04.
ROSCOE HINTON, JR.
Panel Chair
The member remained eligible to make the election at age 60. 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. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.
AF | BCMR | CY2002 | BC-2002-01652
The member remained eligible to make the election at age 60. 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. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.
AF | BCMR | CY2004 | BC-2004-01183
Since his election was deferred until age 60, he would have been eligible to make his RCSBP election choice in April 2005. We took notice of the applicant's complete submission in judging the merits of the case and sympathize with her positiion; 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. ...
AF | BCMR | CY2004 | BC-2004-02540
While the applicant claims she was not aware her husband had chosen the immediate annuity option for RCSBP and that she received written correspondence stating she was not eligible for benefits until her husband’s 60th birthday, records indicate the member received an RCSBP package explaining in detail how the RCSBP permits a member to provide a monthly annuity to their designated beneficiaries in the event of their death. ...
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...
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.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00727 INDEX CODE 137.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband's records be corrected so that she may be eligible for a Survivor Benefit Plan (SBP) annuity. She feels she is entitled to any and all benefits regarding her spouse, as this is what he would have chosen had he not been...
AF | BCMR | CY2004 | BC-2003-04099
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 B. There is no evidence that the former member made an election at that time. Absent persuasive evidence, applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record.
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 | CY2005 | BC-2004-01914
However, the section of law applicable to reserve component members in effect at the time the former member was eligible to participate in the Reserve Component Survivor Benefit Plan did not require spousal notification if the member deferred making an election until age 60. We therefore 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...