RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 2010-04677
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouses records be corrected to reflect he made a
timely election for spouse coverage under the Reserve Component
Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was informed after applying for survivor benefits after her
spouses death that she was not entitled to benefits due to the
service member not electing coverage prior to his death.
The personnel center in reviewing the former service members
records determined there were some records missing from the time
period he would have made the election. She believes her spouse
made the election and the election request is missing.
The applicant further contends her spouse made statements
indicating that all the paperwork was in order for her to receive
survivor benefits in the event of his death.
In support of her request, the applicant provides a copy of the
service members death certificate and documents extracted from
the service members personnel records.
The applicants complete submition, including attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPTT reviewed this application and recommends denial.
DPTT states they sympathize with the applicant; however, the
service members endorsement on the notification letter indicates
the service member was made aware of his options to participate
in the RCSBP. The service member failed to make an election
within the 90 day period required by law. Furthermore, there is
no evidence to reflect the service member made an election for
his spouse during an authorized open enrollment period. However,
because the service member was eligible for retired pay at age
60, the applicant is eligible for an ID card, as well as base
exchange and commissary privileges. Also, she is eligible to
apply for medical and dental benefits through the TRICARE
program.
A complete copy of ARPC/DPTT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 18 Feb 11 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
_________________________________________________________________
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. After careful
consideration of applicant's request and the available evidence
of record, we find insufficient evidence of error or injustice to
warrant corrective action. The facts and opinions stated in the
advisory opinion appear to be based on the evidence of record and
have not been adequately rebutted by applicant. Absent
persuasive evidence applicant was denied rights to which
entitled, appropriate regulations were not followed, or
appropriate standards were not applied, we find no basis to
disturb the existing record.
_________________________________________________________________
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
2010-04677 in Executive Session on 7 Sep 11, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Dec 10, w/atchs.
Exhibit B. Letter, HQ ARPC/DPTT, dated 16 Feb 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 18 Feb 11.
Panel Chair
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DPTT states that on 29 July 1996, ARPC attempted to notify the member of his eligibility to make an RCSBP election; however, the package mailed to the member was returned undeliverable. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 February 2013, for review and comment within 30 days (Exhibit D). Exhibit C. Letter, SAF/MRBR, dated 24 Feb 13.
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________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the deceased service member be corrected to show that on 31 Dec 02, he elected spouse only Survivor Benefit Plan (SBP) coverage based on full retired pay. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05091 in Executive Session on...
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The complete DPTT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ 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. ...
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APPLICANT CONTENDS THAT: Her deceased husband and she thought they had complied with the marriage reporting requirements of the Reserve Component Survivor Benefit Plan (RCSBP), when their marriage data was entered in the Defense Enrollment Eligibility Reporting System (DEERS) upon being issued new military ID cards on 4 Feb 11, less than two months after being married on 16 Dec 10. ARPC/DPTT has no record of the deceased member or his spouse reporting the marital change within the required...
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00700 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husbands records be corrected to reflect that he made an election for spouse coverage with immediate coverage based on full retired pay under the Reserve Component Survivor Benefit Plan (RCSBP). The remaining relevant facts pertaining to...
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He loved his country and was dedicated to his job as an Air Force officer. If the member would have made an election, the election would have been effective on his 60th birthday. She retired after 20 years as a teacher; however a teachers retirement pay is not much.
AF | BCMR | CY2011 | BC-2011-00795
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AF | BCMR | CY2011 | BC-2011-00793
On 25 Aug 1994, the decedent and the applicant divorced. If the documents were provided within the required timeframe, DPTT would have been unable to update the member's RCSBP election due to the member not electing to participate in the Plan when eligible. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of her request, the applicant provides two letters.
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04887 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her late spouses record be changed to show he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). On 22 February 2000, APPLICANT, submitted a timely and effective claim for a survivor benefit annuity. Exhibit C. Letter, SAF/MRBR, dated 2 May 2014.