RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04415
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husbands record be changed to reflect he made an
election for spouse coverage under the Reserve Component Survivor
Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband served many years in the military just waiting
for the day he would turn 60 to be eligible to draw his Reserve
retirement. At the time he was notified that he was retirement
eligible and had the opportunity to elect RCSBP, he was divorced;
therefore, he did not make an election. She is currently drawing
her late husbands civil service retirement which indicates she
would be the proper beneficiary to draw his Reserve retirement
upon his death. His death occurred only six months after his
diagnosis and during that time his mind was not thinking about
his RCSBP election. She would greatly appreciate the Boards
decision to allow her to draw his Reserve retired pay.
In support of her appeal, the applicant provides copies of her
late husbands death certificate and an Air Reserve Personnel
Center notification of retirement eligibility.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent was a former member of the Air Force Reserve who was
progressively promoted to the grade of technical sergeant (E-6).
The remaining relevant fact, extracted from the decedents
military service records are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPT recommends denial. DPT states the former member was
notified of his completion of the required years of service under
the provisions of Title 10, United States Code (USC), Section
1331, to be entitled to Reserve retired pay upon application at
age 60. In addition, the notification informed him of his
eligibility to participate in the RCSBP. He made no election
during that time; therefore, he was automatically enrolled in
Option A (Declined to make an election until age 60) in
accordance with Title 10, USC, Section 1448.
DPT indicates that during open enrollment season, 1 March 1999
through 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 families. The record shows
the decedent elected not to participate at this time. Members
had another opportunity to participate in the RCSBP open
enrollment during the 1 October 2005 through 30 September 2006
open season. The record shows the decedent also elected not to
participate at this time.
The applicant stated the decedent was not married at the time of
eligibility; however, the record shows Headquarters Air Reserve
Personnel Center sent a spousal notification letter to the
members spouse because the member did not make an election. The
postal receipt was signed for on 19 February 1991.
DPT states that in view of the fact the decedent was eligible for
retired pay at age 60, the applicant is eligible for an
Identification Card, Base-Exchange and Commissary priviledges.
She is also eligible to apply for medical and dental benefits
through the TRICARE program. She also may be eligible for
benefits through the Veterans Administration.
The complete DPT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 January 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-2010-04415 in Executive Session on 9 August 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-04415:
Exhibit A. DD Form 149, dated 16 Nov 10, w/atchs.
Exhibit B. Letter, ARPC/DPT, dated 5 Jan 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 28 Jan 11.
Panel Chair
AF | BCMR | CY2012 | BC-2012-00973
DPTT states that in view of the fact that the decedent would have been eligible for retired pay at age 60, the applicant is eligible for an Identification Card and Base-Exchange and Commissary privileges effective 6 March 2000. 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...
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-2007-00978
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 | CY2012 | BC-2012-03156
The decedent did not elect to participate during this Open Season. In view of the above, 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. You have the right to submit newly discovered relevant evidence for consideration by the Board.
AF | BCMR | CY2010 | BC-2010-00389
________________________________________________________________ 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 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...
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 | 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 | 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 | 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...