RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00363
INDEX NUMBER: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 AUGUST 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s records be corrected to show he elected to
participate in the Reserve Component Survivor Benefit Plan (RCSBP)
with an election of Option C, based on full retired pay.
___________________________________________________________________
APPLICANT CONTENDS THAT:
She is entitled to the service benefits due her upon the death of
her husband. From the result of a mailing in January 1998, Option
A was chosen by default because there was no record of a response
from her husband. She feels that because this is a manual process
subject to human error, as well as the possibility of an error with
the mail service, her benefit choice should be reconsidered knowing
that her husband would have chosen Option C.
In 1995 and 1996, her husband requested retirement computations to
be drawn up with Option C to determine her benefits. On 12 Jan 98,
her husband received and signed for the RCSBP packet. In her
opinion, the injustice is that with the history of her husband’s
interest in seeing that she would be financially secure, she is
certain he would have returned the package checking Option C.
In support of her request, applicant provided copies of her
husband’s Certificate of Death and their Marriage Certificate, a
Domestic Return Receipt for the RCSBP packet, two RCSBP computation
sheets, and documents pertaining to her former husband’s
eligibility for retired pay.
Applicant’s complete submission, with attachments, is Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 10 Dec 97, the former member was notified of his eligibility for
retired pay at age 60 and his eligibility to participate in the
RCSBP. At that time he was also advised he would receive a
detailed package regarding the RCSBP by certified mail within 30
days, and that he must submit his election form (ARPC Form 123)
within 90 days of receipt. The election package was sent by
certified mail and the former member signed for it on 12 Jan 98.
There is no evidence he made an election at that time. At the end
of his 90-day suspense he was automatically enrolled in Option A,
Deferred Election until Age 60.
The former member’s date of birth is 8 Jun 57. He died on 18 Sep
04.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS reviewed this application and recommends denial. They
do not believe an injustice has occurred, the former member
neglected to elect coverage when he was first eligible in 1997, and
again during the open enrollment period in 1999-2000.
A complete copy of the evaluation, with attachements, is at Exhibit
B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that she does not dispute the fact her husband
received and signed for his election package on 12 Jan 98. Her
husband did not ignore their financial future. A letter prepared
by a financial advisor on 6 Jun 99, indicates his interest in
planning for their financial future. She reiterates that human
error could have played a part in the election process. She was
not aware of any open enrollments, and questions this process as
well.
Her complete submission, with attachments, 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 error or injustice. The former member
had two opportunities to establish survivor coverage in the
applicant’s behalf; however, there is no evidence that he made an
election to do so. When the former service member did not submit
an election to participate in the RCSBP within the 90-day period
following his receipt of the RCSBP package on 12 Jan 98, he was
automatically enrolled in Option A, Deferred Election until Age 60.
We agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim
of an error or injustice. 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 Docket Number BC-2005-
00363 in Executive Session on 7 July 2005, under the provisions of
AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Kathy L. Boockholdt, Member
Ms. Marcia Jane Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jan 05, w/atchs.
Exhibit B. Letter, ARPC/DPR, dated 23 Feb 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 Mar 05.
Exhibit D. Letter, Applicant, dated 28 Mar 05, w/atchs.
MICHAEL J. NOVEL
Panel Chair
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