RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00389
INDEX CODE: 137.00
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands records be corrected to show her eligibility
to receive benefits under the Reserve Component Survivor Benefit
Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husbands record is in error because at the time of his
death, he was eligible for Reserve retirement pursuant to Title
10, United States Code (USC), Section 12731, thereby making his
spouse eligible to receive RCSBP effective the date of his
death, 19 Oct 09.
The Board should find that in the interest of justice she is
entitled to the RCSBP.
In support of the appeal, the applicant submits extracts from
Title 10 USC 12731; a copy of a Records Review Record of
Individual Personnel (RIP) reflecting the former members Point
Service History; a copy of the death certificate, and a letter
from the former members commander.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
By letter, dated 2 Nov 00, the Air Reserve Personnel Center
(ARPC) notified the decedent that he was eligible to participate
in the RCSBP. However, he made no election within 90 days and
was automatically enrolled in Option A, Decline to make an
election until age 60.
During the RCSBP open enrollment season of 1 Oct 05 through
30 Sep 06, records indicate the former member requested
information in regard to open enrollment; however, he did not
participate at that time.
The member died on 19 Oct 09, while serving in the Air Force
Reserve. At the time of his death, he had completed 29 years
and 3 months of satisfactory Federal service.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial and states, in part, that while they
sympathize with the applicant, by law they cannot change the
election. The member was notified, by letter, of his
eligibility to participate in the RCSBP in 2000 and that he had
90 days in which to make an election. However, he made no
election during this period and by law, he was automatically
enrolled in Option A Decline to make an election until age 60.
This election does not entitle the spouse to receive an RCSBP
annuity. The applicant is eligible for an ID card and Base
Exchange and commissary privileges, since the member was
eligible to receive retired pay at age 60. She is also eligible
to apply for medical and dental benefits through the TRICARE
program, when the former member would have turned age 60,
14 Apr 13.
The complete ARPC/DPP evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 March 2010 for review and comments, within 30
days. However, as of this date, no response has been received
by this office (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 to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission and her late husbands
military records in judging the merits of the case; however,
while we sympathize with the applicant, we agree with the
opinion and recommendation of the Air Force Reserve office of
primary responsibility (OPR) and adopt its rationale as the
basis for our conclusion that the applicant has not been the
victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-00389 in Executive Session on 13 October 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jan 10, w/atchs.
Exhibit B. Decedent's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 24 Feb 10, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 5 Mar 10.
Panel Chair
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