Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-01973
Original file (BC-2006-01973.DOC) Auto-classification: Denied


                       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

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00045

    Original file (BC-2006-00045.doc) Auto-classification: Denied

    ARPC has no record of receiving an election request from the servicemember. The applicant, as a widow of a retirement eligible servicemember, apparently is eligible for other benefits, such as the Commissary, Base Exchange and Tricare. _________________________________________________________________ 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...

  • AF | BCMR | CY2006 | BC-2006-02051

    Original file (BC-2006-02051.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02051 INDEX CODE:137.04 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 11 JANUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: Her husband’s records be corrected to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) with election Option C (spouse only), based on full retired...

  • AF | BCMR | CY2009 | BC-2009-01017

    Original file (BC-2009-01017.doc) Auto-classification: Denied

    In support of the application, the applicant submits a letter to her husband’s commander, the Air Reserve Personnel Center’s letter to her late husband, and her late husband’s death certificate. DPP states the former service member was required to make an RCSBP election within 90 days of receipt of notification; however, he did not make an election when eligible in 1990. The applicant’s complete response is at Exhibit...

  • AF | BCMR | CY2010 | BC-2009-02505

    Original file (BC-2009-02505.doc) Auto-classification: Denied

    DPP notes the ARPC Form 123, RCSBP Election Certificate, reflects the servicemember elected Option A, decline to make an election until age 60. The evidence of record shows that the applicant’s deceased husband, upon notification of his eligibility for retired pay at age 60, originally elected Option A under the RCSBP thereby electing not to make a decision regarding coverage for the applicant until he reached age 60. The evidence of record does show the deceased service member requested...

  • AF | BCMR | CY2010 | BC-2009-00703

    Original file (BC-2009-00703.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00703 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband's records be changed to reflect that he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) with election (Option C) based on full retired pay during an Open Enrollment Season. We note the...

  • AF | BCMR | CY2006 | BC-2006-00217

    Original file (BC-2006-00217.doc) Auto-classification: Denied

    Upon contacting the Air Reserve Personnel Center (ARPC) regarding RCSBP benefits, she was told her spouse had not made an election for coverage at the time of his 20- year letter or during following open enrollment periods. She questions a letter her spouse had received dated 1 March 1999 from HQ ARPC notifying him of an RCSBP Open Enrollment period. The Board noted that the now- deceased former member received the initial RCSBP package at his home on 8 March 1989, and did not respond to it.

  • AF | BCMR | CY2006 | BC-2006-02034

    Original file (BC-2006-02034.doc) Auto-classification: Denied

    When a member makes an election to participate in the RCSBP, the election is irrevocable. ARPC/DPP complete evaluation, with attachments, is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force advisory and states he never received notice or information about withdrawing from RCSBP. _______________________________________________________________ THE BOARD DETERMINES THAT: The applicant...

  • AF | BCMR | CY2009 | BC-2008-03146

    Original file (BC-2008-03146.doc) Auto-classification: Denied

    He made no election during that time and was automatically enrolled in Option A, “Deferred election until age 60.” In 1995, the applicant was divorced from his former spouse and during an open enrollment in 1999 through 2000, he elected to participate with an election of Option CJ, “immediate annuity for child only.” In 2002, he was married to his current spouse. He would like his current spouse listed as the beneficiary under RCSBP. He completed all the required paperwork at that...

  • AF | BCMR | CY2006 | BC-2006-00348

    Original file (BC-2006-00348.doc) Auto-classification: Approved

    She has learned since her husband’s death that this package was mailed as registered mail with a suspense date of 90 days, requiring an election of A, B, or C to determine her annuity. There is no evidence he made an RCSBP election at that time. A complete copy of the evaluation, with attachment, is attached at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by thanking the Air Force for...

  • AF | BCMR | CY2007 | BC-2007-00035

    Original file (BC-2007-00035.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00035 INDEX CODE: 137.04 XXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 12 June 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s marital status be changed from “single” to “married” in the year 2001, and that his records be changed to show he elected to participate in the...