RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00012
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her retired, now-deceased husband’s record be changed to show that he
elected coverage for her under the Reserve Component Survivor Benefit
Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The RCSBP counselor marked the box indicating their choice of
coverage. She does not believe her husband and herself were in
agreement with the form as presented. The counselor did not explain
the different categories of benefits to her. She would never have
signed the form if she had known it was denying her retirement
benefits.
In support of her appeal, the applicant has provided copies of their
RCSBP election, her now deceased husband’s death certificate and his
Notification of eligibility for Retired Pay at Age 60 letter.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent was eligible for Reserve retired pay under the provision
of Title 10, United States Code (U.S.C.), Section 12731. He began
receiving Reserve retired pay on 24 May 2004, his 60th birthday. He
was in retired pay status when he died on 27 July 2006. He applied
for Reserve retired pay at age 60 and was given an opportunity to make
an election under the RCSBP. He was sent the appropriate forms to
apply for retired pay and SBP. The member completed the DD Form 2656,
Data for Payment of Retired Personnel, on 2 March 2004. On the back
of the DD Form 2656 he marked block 26g, “I elect not to participate
in SBP.” His spouse signed the form in block 30 acknowledging she
concurred with the declination.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP recommends denial. DPP states by law, an election not to
participate in SBP is irrevocable if not revoked before the retired
pay effective date. DPP cannot verify whether or not personnel at his
unit properly counseled the member when he applied for Retired pay in
2004. However, the pay packet that was sent to the member by the Air
Reserve Personnel Center (ARPC) included complete instructions and
information on RCSBP to include a point of contact and a number to
call for assistance. ARPC has no record of the member requesting
assistance with his RCSBP election. He declined SBP coverage for his
spouse in 2004 when he applied for retired pay. The form was properly
signed and witnessed and it was clear to those signing the member was
declining SBP.
DPP’s complete evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reiterates her contention her husband and she were not sent
any forms regarding RCSBP. They in fact traveled to Key Field Air
National Guard Base (ANGB) where a technician filled out their form,
made the selection , and had them sign the form only. She was not
clear that she was declining RCSBP. Her husband spent over 30 years
in the military and endured many hardships to make sure his family was
taken care of after he was gone.
_________________________________________________________________
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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. The election made by the applicant and the
deceased service member is clear and unambiguous. He declined SBP
coverage and the applicant indicated her concurrence with the election
by her signature. Therefore, in the absence of evidence to the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-
2007-00012 in Executive Session on 7 June 2007, under the provisions
of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Alan A. Blomgren, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Dec 06, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 26 Jan 07, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 2 Feb 07.
KATHY L. BOOCKHOLDT
Panel Chair
AF | BCMR | CY2007 | BC-2007-00978
Her husband was notified of his eligibility to participate in the RCSBP by letter dated 28 December 1988. He made no election within 90 days of receipt of notification, and was automatically enrolled in Option A, “Deferred Election Until Age 60.” During the RCSBP Open Seasons 1 April 1992 through 31 March 1993, and 1 March 1999 through 29 February 2000, members who had elected less than full coverage or no coverage for their spouse/children were able to change their election to cover their...
AF | BCMR | CY2007 | BC-2007-00214
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00214 INDEX CODE: 137.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased husband and former military member’s record be changed to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) and further that she receive the retired pay her husband had been eligible...
AF | BCMR | CY2007 | BC-2007-00035
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...
AF | BCMR | CY2007 | BC-2007-01076
She retired in June 2004 and noticed she had been given several RCSBP election options that her now deceased spouse would have had but did not. She contends her spouse should have had the same paperwork at his retirement. She notes her husband was retired prior to his death and should have been given the same options all other retired members receive; such as an opportunity to update his election.
AF | BCMR | CY2006 | BC-2005-03489
_________________________________________________________________ APPLICANT CONTENDS THAT: Applicant states that her DFAS-CL 7220/48, Retiree Account Statement, shows an error for the RCSBP cost of $29.66 and request this error be corrected. She chose option C because their were no mention of RCSBP cost in Section VI, and the base personnel office did not make her aware of the cost associated with electing Option C. She never expected to pay for anything except for one payment for spouse...
AF | BCMR | CY2007 | BC-2006-03261
His father always sent his mother half of his retirement checks on time while he was alive. DPP states the court awarded former spouse coverage under the RCSBP program; however, the member did not notify this office of his marital status changes nor did his former spouse deem an election within a year as required by law. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2010 | BC-2010-02877
___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Sep 10 for review and comment within 30 days. Therefore, because the former member did not take action to ensure the Air Force personnel system was updated, the Legal Advisor does not find it appropriate to charge the former members negligence against the applicant by denying coverage which Congress intended....
APPLICANT CONTENDS THAT: Upon her late husband’s retirement, he completed the SBP Election Certificate and elected Option A to decline to make an election at that time, but to remain eligible to make an election for coverage at age 60. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her late husband’s records should be modified to allow participation in the RCSBP. The following members of the Board considered this application...
AF | BCMR | CY2006 | BC-2006-00217
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 | CY2010 | BC-2009-02505
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...