ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02598
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouse’s military records be corrected to show he had
accumulated 20 qualifying years of service establishing his eligibility for
Concurrent Retirement and Disability Payments (CRDP).
_________________________________________________________________
RESUME OF CASE
On 25 August 2006, the decedent requested his date of separation be changed
to one that would enable him to qualify for a Reserve retirement at age 60.
On 28 September 2006, AFPC/JA recommended the Board correct the decedent’s
records to show he separated from the Air National Guard (ANG) on 11 May
2006, rather than 24 April 2006. The Board, on 25 October 2006, granted
the request and directed the recommended change be made to the decedent’s
records (Exhibit A).
Eligibility rules for the receipt of CRDP require a Reserve component
member to be receiving Reserve retired pay. As the decedent did not live
until age 60, he did not meet this requirement. The earlier Board action
to change his date of separation enabled him to reach 20 satisfactory years
of Reserve service allowing his widow to receive a Reserve Component
Survivor Benefit Plan (RCSBP) annuity. In a letter to her congress person,
the applicant asks for a thorough review of her deceased husband’s records
with regard to his eligibility for CRDP.
Applicant’s complete submission, with attachments, is at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPP recommends denial. DPP states the member did not live long
enough to draw retired pay and he, therefore, did not qualify for CRDP.
DPP’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states it is her understanding that CRDP makes no
distinction between retirement systems, only whether the member reached 20
years of satisfactory service. As her deceased husband had reached 20
years of satisfactory service towards a Reserve retirement at age 60 and
met the remaining requirements for receipt of CRDP, he should have been
qualified to participate in the CRDP.
Applicant’s complete response is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
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, including her
rebuttal statement, but we remain unpersuaded she has been the victim of
an error or injustice. While she is correct in her statement that CRDP
makes no distinction between retirement systems, her argument fails in
that, while 20 years of service is a determinate of eligibility – along
with other eligibility factors – CRDP is first and foremost an offset to
retired pay. Consequently, as the decedent never received retired pay, he
was not eligible to participate in the CRDP program. CRDP removes the
dollar-for-dollar offset of the Department of Veteran’s Affairs (DVA)
disability pay from a member’s retired pay. In the past, retired members
qualified to receive disability payments from the DVA had their retired
pay offset by the amount they received from the DVA. CRDP now ensures
that veteran’s receiving DVA disability payments will no longer have their
retired pay reduced by the amount of DVA disability pay they receive.
The action by a previous board to change the decedent’s date of separation
(DOS) was taken only to allow the applicant the opportunity to receive an
RCSBP annuity – which she does. The previous board’s action did not
result in the decedent receiving Reserve retired pay - it only made him
eligible to receive retired pay when he reached 60 years of age.
Unfortunately, the member died before he turned 60 years old and thus,
there is no retired pay to offset. Therefore, in the absence of evidence
to the contrary, we find no compelling 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; 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 this application in Executive
Session on 18 November 2009, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. Memorandum for the Chief of Staff, dated
25 Oct 06, w/atchs.
Exhibit B. Letter, Applicant, dated 24 Nov 08.
Exhibit C. Letter, ARPC/DPP, dated 6 Aug 09.
Exhibit D. Letter, SAF/MRBR, dated 9 Oct 09.
Exhibit E. Letter, Applicant, dated 31 Oct 09.
Panel Chair
AF | BCMR | CY2010 | BC-2010-04418 ADDENDUM
________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSDC recommends denial of the applicants request for an increase in her deceased husbands CRSC rating to 100 percent, indicating there is no evidence of an error or injustice. As for her request related to his cysts, we also do not find the evidence she has presented sufficient to conclude that his CRSC rating should be increased based on this condition. ...
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...
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 | CY2011 | BC-2010-02727
Her deceased husband’s records be corrected to reflect that she made timely notification of his death so she may receive benefits under the Reserve Component Survivor Benefit Plan (RCSBP). The applicant states she was misinformed by the member’s ANG unit to wait until his 60th birthday (16 Jun 10) to file a claim for benefits. Exhibit B. Decedent’s Master Personnel Records.
AF | BCMR | CY2007 | BC-2007-00012
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 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...
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 | CY2008 | BC-2007-02447
The applicant’s father was notified of his eligibility to participate in the RCSBP by letter dated 4 Mar 04. The term “dependent” with respect to a member or former member of a uniform service means (D) a child who (i) has not attained the age of 21: (ii) has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the end of the member or former member’s death, in fact dependent on...
The member remained eligible to make the election at age 60. 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.
AF | BCMR | CY2002 | BC-2002-01652
The member remained eligible to make the election at age 60. 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.
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.