RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00793
XXXXXXXXXX COUNSEL: NONE
XXXXXXXXXX HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
Her former husbands (decedent) records be corrected to show he
made a timely election for spouse coverage under the Reserve
Component Survivor Benefit Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
ARPC advised her that she had all the necessary paperwork;
however, the decedent never applied for retirement. In order to
collect the retirement pay the Supreme Court granted her, she
was told she had to request in writing to have the decision
overturned. Due to a bitter divorce she had not spoken to the
decedent in several years. He was trying to acquire additional
points for retirement; however, he was killed in a car accident.
In support of her request, the applicant provides a personal
statement, copies of an electronic communiqué, Death
Certificate, Marriage Certificate, Military Qualifying Court
Order, Divorce Decree, and various other items associated with
her request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are contained
in the letters prepared by the appropriate offices of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
_______________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPTT recommends denial. DPTT states that the decedent was
notified of his eligibility to participate in the RCSBP on
11 Jun 1994 via certified mail. He was married with eligible
dependents; however, he did not respond within the 90-day period
dictated by law and was automatically covered under Option A,
"Declined to make election until age 60." This election is
irrevocable according to Title 10, USC, Subsection 1448.
On 25 Aug 1994, the decedent and the applicant divorced. The
original Judgment of Divorce or amended Judgment of Divorce did
not award former spouse coverage under the RCSBP.
On 14 Nov 2006, a Qualifying Domestic Relation Order (QDRO) was
entered which granted the applicant entitlement to the SBP.
On 7 Dec 2006, the Defense Finance Accounting Service Cleveland
Center (DFAS-CL) received by mail the original Judgment of
Divorce, amended Judgment of Divorce, QDRO and DD Form 2293,
Application for Former Spouse Payments from Retired Pay. These
documents were never forwarded to ARPC for update. 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.
The decedent passed away from a vehicle accident on 3 Mar 2011.
The RCSBP annuity was not afforded to his survivors because he
was not participating in the Plan at the time of his death. In
accordance with Title 10, USC, Subsection 1448 (a)(2)(B), the
member did not elect to participate in the RCSBP program and
would have only been offered the opportunity to participate on
his 60th birthday, 3 Mar 2014.
The complete DPTT evaluation, with attachments, is at Exhibit B.
ARPC/JA recommends denial. JA states that ARPC/DPTT's opinion
succinctly summarizes the relevant facts. While the applicants
situation calls for the greatest sympathy and compassion, there
is no error or injustice in the processing of her case which
would warrant a change to the decedents military records.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In further support of her request, the applicant provides two
letters. Based on these letters, the Board should see that she
had no doubt the decedents pension would be awarded to her. As
far as she is concerned the Air Force had all the necessary
paper work. Moreover, at the time of his death he was in
arrears of over $200,000 in child support and alimony.
Her complete response, with attachments, is at Exhibit E.
_______________________________________________________________
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 opinions and
recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion 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 this application
in Executive Session on 7 Nov 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-00793:
Exhibit A. DD Form 149, dated 6 Feb 2013, w/atchs.
Exhibit B. Letter, AFRC/DPTT, undated.
Exhibit C. Letter, ARPC/JA, dated 24 Apr 2013.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 2013.
Exhibit E. Letter, Applicant, dated 15 May 2013.
Panel Chair
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