RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00669
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
She receive the Reserve Component Survivor Benefit Plan (RCSBP).
___________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband had terminal cancer and passed away on 20 Aug 09. When
she called to inquire about her widow benefits with the Air Force
she was told her husbands records were unclear. She believes her
husband should have received a retirement package in 2006 which
would have included widow benefits information; however, they did
not receive the package. An injustice has occurred by not being
provided the appropriate opportunity to make a viable election on
her behalf. Her husband ensured her everything was in order with
the Air Force and Boeing and that she would receive benefits from
both sources.
In support of her request, applicant provides a copy of newspaper
clippings, a copy of her husbands death certificate, a webpage
printout, a copy of her husbands birth certificate, a copy of her
husbands NGB Form 22, National Guard Bureau Report of Separation
and Record of Service, a copy of her husbands DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of her
husbands discharge certificate, a copy of her husbands marriage
license, a copy of her birth certificate, and a copy of a letter
from Boeing.
Her complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The decedent served in the Regular Air Force from 9 Mar 73 through
18 Jan 82. He then served in the NGB for 12 years, 2 months, and
14 days and the Reserve Component for 1 year. His total service
for pay is 22 years and 16 days. He was progressively promoted to
the grade of master sergeant (E-7), having assumed that grade
effective and with a date of rank of 1 Aug 96. He was waiting to
receive retired pay at age 60; however, he passed away on 20 Aug
09. He would have turned 60 years old on 16 Nov 14.
___________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states their records show the
former member was notified of his eligibility to participate in the
Reserve Component Survivor Benefit Plan (RCSBP); however, he made
no election at that time and was automatically enrolled in Option
A, Decline to make an election until age 60. During two
different enrollment periods the former member did not choose to
participate in the RCSBP. DPP believes the paperwork the
applicant is referring to is the open season enrollment from 1 Oct
05 through 30 Sep 06; however, the former member did not request
documents to participate during the open enrollment period. Since
the former member was eligible for retired pay at age 60, the
applicant is eligible for an ID card, Base Exchange and commissary
privileges. When the former member would have turned age 60, the
applicant can apply for medical and dental benefits through the
TRICARE program.
The ARPC/DPP complete evaluation is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by reiterating her original contentions
and wants to know what is unclear and asks if her husband ever
received an option letter.
The applicants 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 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. 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 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-2010-00669 in Executive Session on 20 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 15 Feb 10, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 17 Mar 10.
Exhibit C. Letter, SAF/MRBR, dated 24 Mar 10.
Exhibit D. Letter, Applicant, dated 20 Apr 10.
Panel Chair
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