RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01579
COUNSEL: Brian Davenport
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased brother’s records be corrected to show she is entitled to
his Air Force Retirement benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On all of the deceased applicant’s accounts (IRA, etc), on his
employment life insurance designation (SPPCO) and on his last Will and
Testament, his sister, was the named beneficiary.
In support of her request, she submits a copy of her deceased
brother's certificate of death, Last Will and Testament, and bank
account statement.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available records indicates the deceased applicant enlisted in the Air
Force Reserve on 13 December 1966. He was commissioned as a 2nd
lieutenant on 28 May 1971. He was honorably retired in the grade of
major on 1 September 1986.
The deceased member did not enroll in the Reserve Component Survival
Benefit Plan nor was he eligible for Servicemen Group Life Insurance
at the time of his death. The member died on 18 March 2003.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommended denial and stated that there is no evidentiary
finding that shows a lack of written beneficiary designation as
mentioned in the sister’s remarks on the DD Form 149.
ARPC/DPS evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant’s
counsel on 11 June 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 an error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded
that the deceased member’s records should be altered so the applicant
would receive Air Force benefits. In this regard, the deceased member
did not enroll in the Reserve Component Survival Benefit Plan nor was
he eligible for Servicemen Group Life Insurance at the time of his
death. Applicant’s contentions are duly noted; however, we do not
find these assertions, in and by themselves, sufficiently persuasive
to override the rationale provided by the Air Force Reserve Personnel
Center. We therefore agree with the recommendations 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. In view of the above and absent
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 Docket Number BC-2004-
01579 in Executive Session on 27 July 2004 under the provisions of AFI
36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Ms. Renee M. Collier, member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 May 04, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, dated 4 Jun 04.
Exhibit C. Letter, SAF/MRBR, dated 11 Jun 04.
CATHLYNN B. SPARKS
Panel Chair
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,...
AF | BCMR | CY2005 | BC-2003-02926
The death gratuity, insurance and travel insurance were never paid to the children. He enlisted in the Army Air Forces on 8 Oct 47, in the grade of private first class, for a period of three years. ___________________________________________________________________ The following members of the Board considered Docket Number BC-2003- 02926 in Executive Session on 3 August 2005, under the provisions of AFI 36-2603: Ms. Rita S. Looney, Panel Chair Ms. Barbara R. Murray, Member Mr. James A....
ARMY | BCMR | CY2005 | 20050017988C070206
The applicant provides a copy of the FSM's Death Certificate, a copy of the FSM's Last Will and Testament, a Certificate of Executor Appointment, Sole Distributee Affidavit, a memorandum for record, dated 21 September 2005, the FSM's Notification of Eligibility for Retired Pay at Age 60, a copy of the FSM's Servicemembers' Group Life Insurance Election and Certificate, and a copy of the FSM's Divorce Decree in support of this application. The applicant contends that the FSM's records should...
ARMY | BCMR | CY2004 | 2004100383C070208
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the Department of the Army or the Department of Veterans Affairs (VA) provide her retroactive survival benefits from 1973 until March 2001. The election form (VA Form 29-8286 or SGLV 8286) signed by the FSM, which is in his official records, is the official document used in the settlement and payment of the...
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-2003-00671
ARPC/DPS has no record that the member declined coverage at that time. Months later, she received a letter notifying her of this debt to SGLI. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC- 2003-00671 in Executive Session on 25 July 2003, under the provisions of AFI 36-2603: Mr. Joseph G. Diamond, Panel Chair Mr. Jackson A. Hauslein, Jr., Member Mr. Edward H. Parker, Member The following documentary...
AF | BCMR | CY2003 | BC-2003-01797
_________________________________________________________________ APPLICANT CONTENDS THAT: No FSGLI was collected from her pay until 15 May 2003 when 19 months ($380.00) of “debt” was suddenly taken. All members of the Participating Individual Ready Reserve (PIRR) were mailed a letter with information concerning the new law and declination procedures, in August and October 2001 (Atch 1). _________________________________________________________________ THE BOARD DETERMINES THAT: The...
AF | BCMR | CY2003 | BC-2003-01520
_________________________________________________________________ APPLICANT CONTENDS THAT: His wife was automatically enrolled in a life insurance policy without his permission nor desire. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 30 May 2003, for review and comment. Exhibit D. Letter, SAF/MRBR, dated 30 May 03.
AF | BCMR | CY2003 | BC-2003-02260
The Military Personnel Database (MilPDS) indicates the applicant was discharged from the Air Force Reserve effective 15 July 2002 in the grade of technical sergeant (E-6), for completing his term of service. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he executed an SGLV 8286, Servicemen’s Group Life Insurance (SGLI) Election and...
ARMY | BCMR | CY2014 | 20140000752
The applicant requests through her counsel, in effect, reconsideration of the request for correction of the records of her deceased brother, a former service member (FSM), to show the FSM enrolled in the Reserve Component Survivor Benefit Plan (RCSBP), Option B (Deferred Annuity), naming her as a natural person with an insurable interest. The applicant's request and her counsel's argument for reconsideration of the request for correction of the records of the FSM to show that he enrolled in...