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 pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband experienced a serious stroke during surgery for a cerebral
aneurysm. Prior to his surgery, he signed a will and a general power of
attorney. However, he was not able to make an election or sign legal
documents.
In support of her appeal, applicant provided submits a copy of her marriage
certificate, the former member’s death certificate, Retired Reserve Order
and his Last Will and Testament.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Database reflects the former member retired
effective 28 March 1996 in the grade of technical sergeant and was assigned
to the Retired Reserve Awaiting Pay At Age 60 (5 November 2007).
The remaining relevant facts pertaining to this application, extracted from
the applicant's military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states that the former member was sent an
election package by certified mail on 24 June 1996. There is no evidence
that the former member made an election at that time. DPP indicates that
the former member was notified during the RCSBP open enrollment season,
1 March 1999 through 29 February 2000 that he had elected less than full
coverage for his spouse and was able to elect or increase coverage. There
is no record he made an election. The ARPC/DPP evaluation, with
attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19
July 2006 for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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 careful consideration of the
applicant's request and the available evidence of record, we find
insufficient evidence of error or injustice to warrant corrective action.
The facts and opinions stated in the advisory opinion appear to be based on
the evidence of record and have not been rebutted by the applicant. Absent
persuasive evidence, applicant was denied rights to which entitled,
appropriate regulations were not followed, or appropriate standards were
not applied, we find no basis to disturb the existing record. While we are
sympathetic to the applicant's situation, we find no legal 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 probable 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-2006-02051
in Executive Session on 5 October 2006, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Kathy L. Boockholdt, Member
Mr. John B. Hennessey, Member
The following documentary evidence pertaining to Docket Number 2006-02051
was considered:
Exhibit A. DD Form 149, dated 30 Jun 06, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 17 Jul 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 19 Jul 06.
MICHAEL K. GALLOGLY
Panel Chair
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