RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-
02406
INDEX CODE: 137.01
COUNSEL: ROBERT E.
TURNER
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 2 FEBRUARY 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husband’s records be corrected to show that he elected
coverage for her under the Survivor Benefit Plan (SBP).
___________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband was hospitalized on 7 Apr 05; he remained hospitalized
until his death on 15 Jun 05. After his admission to the hospital,
he was never capable of completing the application for retirement
or SBP coverage for her. Her husband’s intentions were to elect
SBP coverage for her, but due to his health and state of mind this
was not possible.
In support of her application, applicant provided a copy of her
husband’s death certificate, and a statement from D---- Medical
Center.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The former member was eligible for Reserve retired pay under the
provision of Title 10, United States Code (U.S.C.), Section 12731,
effective 30 May 05, his 60th birthday. A retired pay packet (ARPC
0-83, Retired Pay Application, and DD Form 2656, Data for Payment
of Retired Personnel) was sent to the member on 4 Mar 05; however,
there is no record of the completed forms being received at ARPC.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP reviewed this application and recommends denial,
stating the member never applied for retired pay nor did he make an
SBP election.
To apply for Reserve retired pay at age 60, a member must complete
retired pay application forms and submit them to the Air Reserve
Personnel Center Retirement Eligibility Division for approval and
processing.
In order to make an SBP election, a member must complete the back
of the DD Form 2656 and submit it to ARPC for processing. The
effective date of the SBP election is the member’s 60th birthday.
ARPC has no record of him completing this form.
A complete copy of the Air Force evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 Aug 05, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days. As of this
date, no response has been received by this office (Exhibit C).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After careful review of the
evidence provided, specifically, the letter provided by the Medical
Center, it appears that the former member was hospitalized shortly
after the retired pay packet was sent to him and because of
complications following his surgery, he was never released from the
hospital. In view of this, it is our opinion that the former
member was incapable of completing the required application for
retired pay and making an election for survivor coverage for his
spouse. Therefore, we believe any doubt should be resolved in the
applicant’s behalf and recommend that the records be corrected as
indicated below.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the former service member, be corrected to show that on
15 March 2005, he applied for Reserve retired pay effective 30 May
2005, and his request was approved by competent authority; and, he
elected Survivor Benefit Plan spouse only coverage, based on full
retired pay, effective 30 May 2005.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2005-02406 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
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jul 05, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 17 Aug 05.
Exhibit C. Letter, SAF/MRBR, dated 23 Aug 05.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2005-02406
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:
The pertinent military records of the Department of the Air
Force relating to [APPLICANT], be corrected to show that on 15
March 2005, he applied for Reserve retired pay effective 30 May
2005, and his request was approved by competent authority; and, he
elected Survivor Benefit Plan spouse only coverage, based on full
retired pay, effective 30 May 2005.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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