RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01973
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 2 JAN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant was the spouse of the former servicemember who is
requesting that her late husband’s records be corrected to reflect
that he elected to participate in the Reserve Component Survivor
Benefit Plan (RCSBP) with election Option C, based on full retired
pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband never received the retirement package.
The completed RCSBP forms were in his personnel records.
In support of her appeal, the applicant provided copies of her
husband’s death certificate, their marriage certificate, and extracts
from the former service member’s military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former servicemember and the applicant were married on 14 Nov 63.
The former service member was notified of his eligibility to
participate in the RCSBP by letter dated 24 Jun 75. The election
package was sent by certified mail on 28 Aug 79. He made no election
during that time and was automatically enrolled in Option A, "Deferred
election until age 60".
The former servicemember died on 6 Aug 97.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the Air
Force.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial indicating that when a member is eligible
for retirement, it is the member's responsibility to request to be
transferred to the Retired Reserve. Even though the member had 33
years of satisfactory service, the former service member never
requested to be transferred to the Retired Reserve and was discharged
from the Air National Guard on 18 Dec 90. Had the member requested to
transfer to the Retired Reserve, he would have been afforded another
opportunity to make an election under the RCSBP program upon reaching
age 60. While they sympathize with his beneficiary, the member was
required to make an RCSBP election within 90 days of receipt of
notification in accordance with Title 10, U.S.C., Section 1448(a)(2).
He did not make an election when eligible in 1979. He also did not
apply for his retirement upon reaching age 60.
A complete copy of the ARPC/DPP evaluation, with attachments, is at
Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, with attachments, was forwarded to
applicant on 21 Jul 06 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 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. After thoroughly reviewing the
evidence of record, we are not persuaded to change the former
servicemember’s records to reflect he elected coverage under the
RCSBP. The servicemember was notified of his eligibility to
participate in the RCSBP and failed to make an election within the
allotted time period. Further, we note that he did not apply for his
retirement upon reaching age 60. As the widower of a retirement
eligible servicemember, it appears the applicant is eligible for other
benefits, such as the Commissary, Base Exchange, and TRICARE. In view
of the foregoing, and in the absence of evidence to the contrary, we
agree with the recommendation of the Air Force office of primary
responsibility (OPR) and adopt its rationale as the basis for our
decision that the applicant has failed to sustain her burden of
establishing the existence of either an error or injustice.
_________________________________________________________________
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-
2006-01973 in Executive Session on 5 Oct 06, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jun 06, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 14 Jul 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 21 Jul 06.
MICHAEL K. GALLOGLY
Panel Chair
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