RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-02505
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouse records be corrected to show he elected spouse coverage
under the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her spouse initially chose Option A (Decline to Make Election Until Age 60)
in 1998; however, he later requested a change in election to allow her to
receive immediate coverage under the RCSBP. The confirmation of receipt of
his election was lost after a flood. She has a heart condition and is
unable to work. Her spouse’s civilian retirement pay is not enough for her
to live on.
In support of the application, the applicant submits a copy of her spouse’s
death certificate.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former servicemember died on 17 Oct 07. He would have been afforded an
opportunity to elect RCSBP coverage on 29 Jul 09 – his 60th birthday.
Because he was eligible for retirement pay at age 60, his widow is eligible
for an Identification Card, Base Exchange and Commissary privileges. She
is also eligible to apply for medical and dental benefits through the
TRICARE program. His original election (Option A, deferred election until
age 60), made in Jan 91, does not entitle the applicant to receive an RCSBP
annuity.
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:
HQ ARPC/DPP recommends denial. DPP notes the ARPC Form 123, RCSBP Election
Certificate, reflects the servicemember elected Option A, decline to make
an election until age 60. DPP records indicate he requested enrollment
information during the open season (1 Mar 99 thru 29 Feb 00); however,
records show he did not make an election during that time.
The complete DPP evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the election package was mailed to the wrong address
and wonders if her husband ever received the information. He always told
her she would receive a retirement annuity should he die. She is totally
and permanently disabled. She has applied for other disability; however,
the process is very long.
The applicant’s complete submission is at Exhibit D.
_________________________________________________________________
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 of an error or
injustice regarding the applicant’s request for benefits under the RCSBP.
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. While the
applicant indicates she questions whether her husband ever received this
notification based on the address indicated, the ARPC Form 123 reflects an
Option A election and the signature of her husband. The evidence of record
does show the deceased service member requested and was sent a RCSBP
package during the 2005-2006 open season; however, there is no record that
he submitted the package electing coverage for the applicant. While the
applicant’s circumstance is regrettable, in the absence of sufficient
evidence showing that her deceased husband elected benefits on her behalf,
we find no basis to grant the requested relief. Therefore, we recommend
the requested relief be denied.
_________________________________________________________________
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 BC-2009-02505 in
Executive Session on 6 May 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Jul 09, w/atch.
Exhibit B. Letter, HQ ARPC/DPP, dated 19 Aug 09, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 18 Sep 09.
Exhibit D. Statement, Applicant, dated 5 Oct 09.
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 | 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 | 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 | 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 | CY2009 | BC-2009-01017
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 | CY2006 | BC-2006-00045
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 | CY2010 | BC-2009-00703
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...
The Reserve Component Survivor Benefit Plan (RCSBP) information package sent to the former servicemember, when he was initially eligible to establish survivor coverage on the applicant’s behalf, specifically advised the member that his RCSBP election certificate had to be received by the Air Reserve Personnel Center (ARPC) within 90 days of receipt of the package at his home. A review of the evidence submitted does not reveal that the deceased member was provided inadequate information...
AF | BCMR | CY2012 | BC-2012-02001
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. Further, although the law currently provides automatic coverage for a spouse if the member fails to provide coverage or the spouse does not agree with the decision, no such provisions existed at the time of the member’s eligibility to enroll in the program. ...
AF | BCMR | CY2010 | BC-2010-01955
He elected Option A, Deferred election until age 60. The servicemember was not married at the time of his election, as he divorced in January 2001. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...