RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02213
INDEX CODE: 137.00
COUNSEL: None
HEARING DESIRED: No
MANDATORY CASE COMPLETION DATE: 16 JAN 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His late wife’s record be corrected to reflect she made an election to
participate in the Reserve Component Survivor Benefit Plan (RCSBP) so
that he may receive the annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was deprived of SBP.
His wife was sent the RCSBP paperwork and unfortunately she did not
return the enrollment documents to Headquarters Air Reserve Personnel
Center (HQ ARPC) and at that time there were no automatic enrollment
provisions under law.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The servicemember was notified in a letter dated 22 May 2000, that she
had completed the 20 years of satisfactory service and was eligible to
participate in the RCSBP.
The RCSBP election package was sent to the servicemember by certified
mail and the servicemember signed for the package on 5 June 2000.
There is no evidence the servicemember made an election within the 90
day suspense and was automatically enrolled in Option A, “Deferred
election until age 60.”
Title 10 was revised in January 2001, to reflect automatic coverage,
Option C (immediate annuity day after death), if the servicemember did
not respond within the required 90 day period. However, the new law
was not retroactive and did not apply to servicemembers who acquired
their 20 years of satisfactory service prior to January 2001.
The servicemember died on 3 March 2005.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/PSD states the servicemember’s election package was mailed to her
and she signed for it on 5 June 2005. It is required by law that
servicemembers wanting to participate in RCSBP must submit their
election within 90 days of receipt of the package. ARPC has no record
of receiving an election request from the servicemember. Furthermore,
the servicemember acquired her 20 years of satisfactory service in
2000 and was not eligible for the automatic enrollment under the
provisions of the revised Title 10, 2001 RCSBP revision. They further
state since the servicemember was eligible for retired pay, the
applicant is eligible for an identification card, access to the
Commissary and Base Exchange. In addition, the applicant should
contact Tricare for information regarding his eligibility for medical
and dental benefits. In view of the above, they recommend denying the
applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 5
August 2005, for review and response. 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 an error or an injustice. After thoroughly reviewing
the evidence of record, we are not persuaded to change the
servicemember's records to reflect that she elected coverage under the
RCSBP. The servicemember was notified of her eligibility to
participate in the RCSBP and failed to make an election within the
allotted time period. Although Title 10 was revised in January 2001
to reflect automatic coverage if the servicemember did not respond
within the required 90 day period, the new law was not retroactive and
did not apply to servicemembers who attained their 20 years of
satisfactory service before January 2001. The applicant, as a widower
of a retirement eligible servicemember, apparently is eligible for
other benefits, such as the Commissary, Base Exchange and Tricare.
Also, the Board suggests he contact the Veterans Administration to
determine his possible eligibility for benefits. In view of the
foregoing, we agree with the recommendation of the Air Force and adopt
the rationale expressed as the basis for our conclusion that the
applicant failed to sustain his burden of establishing the existence
of either an error or an injustice warranting favorable action on his
request.
_________________________________________________________________
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-
2005-02213 in Executive Session on 27 October 2005 under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jun 05, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, dated 2 Aug 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 5 Aug 05.
MICHAEL K. GALLOGLY
Panel Chair
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