RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01183
INDEX CODE: 137.01
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s record be changed to show he elected to
participate in the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her deceased husband never received the necessary paperwork to sign up
for RCSBP. She contends her deceased husband had planned for their
future so that both of them would have all the benefits due them at
his retirement. She states her deceased husband was a faithful
serviceman and had earned this right (RCSBP) for them both.
In support of her appeal, the applicant has provided her deceased
husband’s death certificate, his notification for eligibility for
retired pay at age 60, a copy of his point credit history, and RCSBP
worksheet computations.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 June 1995, the deceased member received notification of his
eligibility to participate in RCSBP. He was given 90 days to respond
with an election and when he did not do so, he was automatically
enrolled in Option A, “Deferred election until age 60.” During a
subsequent RCSBP open enrollment season from 1 March 1999 to 29
February 2000 the deceased member was sent a package that would allow
him to change or add coverage. Records indicate no changes were made
to his election at that time. Since his election was deferred until
age 60, he would have been eligible to make his RCSBP election choice
in April 2005. He died in December 2003, approximately 16 months shy
of age 60.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends denial. DPS notes the two opportunities the now
deceased member had to make and/or change his election and did not do
so. While DPS agrees with the applicant that her deceased husband was
a faithful serviceman, they state that no injustice has occurred.
DPS’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 7
May 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 timely filed.
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 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. It
appears the member had an initial opportunity to enroll, and a
subsequent chance to make an election during an open season. He did
not take advantage of either and unfortunately died prior to his final
opportunity to make an election at age 60. 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-
2004-01183 in Executive Session on 20 July 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 April 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 5 May 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 7 May 04.
ROSCOE HINTON, JR
Panel Chair
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...
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...
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-2004-00593
While he was notified by mail of this opportunity, no evidence exists to show he made an election. DPS states the member had two opportunities to elect the coverage he felt he needed at those times. 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...
AF | BCMR | CY2004 | BC-2004-01762
The applicant's complete submission, with attachments, is at Exhibit A. During RCSBP open enrollment season, 1 March 1999 to 28 February 2000, members who had elected less than full coverage for their spouses were able to elect or increase coverage. DPS states if the decision is to grant the relief sought, the member’s record should be corrected to show he elected full, immediate coverage for his spouse (Option C) under the RCSBP, effective 9 June 1998.
AF | BCMR | CY2004 | BC-2004-00178
___________________________________________________________________ STATEMENT OF FACTS: On 28 Sep 79, the former member executed DD Form 1883, Survivor Benefit Plan Election Certificate, electing no coverage under Option A (Defer). Applicant’s counsel also provided copies of the member’s ARPC Form 0-69 (Application for Retired Pay), and DD Form 2656, which were signed by the member on 26 May 02. Specifically, under Option A, the member declined to make an election at that time,...
_________________________________________________________________ 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.
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...