RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03486
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands record be changed to reflect he made an
election for immediate spouse coverage under the Reserve
Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husbands illness of colon cancer came on quickly. They
thought they had more time to get the paperwork done. They were
together for seven years prior to getting married in the hospital
on 20 March 2010.
In support of her appeal, the applicant provides copies of her
late husbands death certificate; RCSBP Election Certificate;
Social Security Application for Survivors Benefits; Department
of Veteran Affairs (DVA) Application for Dependency and Indemnity
Compensation; Birth Certificates; Divorce Decrees; application
for retired pay; Data for Payment of Retired Personnel; Retired
Reserve Order; and DD Form 214, Report of Separation from Active
Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The service member was notified of his eligibility to participate
in the RCSBP via a certified letter, dated 9 February 2002.
Records indicate he was enrolled in Option C Immediate Annuity
for child only effective 9 May 2003. The member remarried on
20 March 2010 and died 20 April 2010. The decedent would not
have turned age 60 until 18 June 2014.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states that according to Title
10, United States Code, Section 1447 (7) (A), the applicant
needed to be married to the service member for at least one year
immediately before his death. They were married one month to
date of the members death. (DPTT indicates the applicant wishes
to correct the record to show they were married for one year;
however, this request is not found in the applicants
submission.)
DPTT indicates that in view of the fact the decedent was eligible
for retired pay at age 60, the applicant is eligible for an
Identification Card, and Base Exchange and Commissary privileges.
In addition, she will be able to apply for medical and dental
benefits through the TRICARE program, when the decedent would
have turned age 60 on 18 June 2014.
The complete DPTT evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 February 2011, for review and comment within 30 days. As
of this date, this office has received no response.
_________________________________________________________________
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 an error or an 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 the
applicant has not been the victim of an error or injustice.
Thererfore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
_________________________________________________________________
HE 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-2010-03486 in Executive Session on 28 June 2011, under
the provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-03486:
Exhibit A. DD Forms 149, dated 4 Oct 10, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 8 Feb 11, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 11 Feb 11.
Panel Chair
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