RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-04099
INDEX CODE:137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her husband’s records be corrected to show he elected former spouse
coverage under the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She feels certain that if it were not for the former member’s brain tumor
and forgetfulness, he would have filled out the paperwork so she would have
this benefit after his death.
In support of her appeal, applicant submits a copy of her marriage
certificate, the former member’s death certificate, copies of the former
member’s discharge and separation documents, a copy of the former member’s
certificate of service and the former member’s eligibility letter for pay
at age 60.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Database reflects the former member retired
effective 18 June 1993 in the grade of technical sergeant and was assigned
to the Retired Reserve Awaiting Pay At Age 60 (26 June 2003).
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.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends the application be denied. DPS states that the former
member was sent an election package by certified mail on 11 January 1991.
There is no evidence that the former member made an election at that time.
DPS indicates that the former member was notified during the RCSBP open
enrollment season, 1 March 1999 through 28 February 2000, that he had
elected less than full coverage for his spouse and was able to elect or
increase coverage. There is no record he made an election. The ARPC/DPS
evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
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. 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 careful consideration of the
applicant's request and the available evidence of record, we find
insufficient evidence of error or injustice to warrant corrective action.
The facts and opinions stated in the advisory opinion appear to be based on
the evidence of record and have not been rebutted by the applicant. 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. Accordingly,
we find no 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 probable 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 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
Mrs. Kathy L. Boockholdt, Member
The following documentary evidence for AFBCMR Docket Number 03-04099 was
considered:
Exhibit A. DD Form 149, dated 3 Dec 03, w/atchs.
Exhibit B. Letter, ARPC/DPS, dated 24 Dec 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 9 Jan 04.
ROSCOE HINTON JR.
Panel Chair
AF | BCMR | CY2004 | BC-2003-01922
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01922 INDEX CODE: 137.00, 137.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he elected former spouse and child as his beneficiaries for his Reserve Component Survivor Benefit Plan (RCSBP). The applicant’s 28 September 1997 RCSBP Election Certificate reflects his...
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-2002-03976
DPS states that there is no evidence that the member was miscounseled or misinformed regarding his election of RCSBP. DPS states that there is no evidence that the member was miscounseled or misinformed regarding his election of RCSBP. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions of miscounseling and confusing instructions, in and by themselves, sufficiently persuasive to override the rationale...
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 | CY2004 | BC-2003-03325
Applicant’s complete submission, with attachments, is at Exhibit A. 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. _________________________________________________________________ The following members of the Board...
AF | BCMR | CY2004 | BC-2004-03077
On 27 Dec 92, he executed ARPC Form 123 electing spouse and child coverage, under Option C (immediate annuity), based on full retired pay. On 17 Feb 04, he executed DD Form 2656, Data for Payment of Retired Personnel, electing not to participate in the SBP. Novel, Member Mr. Michael K. Gallogly, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Sep 04, w/atchs.
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...
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-2003-03862
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03862 INDEX CODE: 137.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be changed to allow him to withdraw from participation in the Supplemental Survivor Benefit Plan (SSBP) and all monies paid be refunded. ARPC/DPS’s complete evaluation, with attachments, is at Exhibit...