RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01917
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The record be corrected to show that she made a timely request
for her deceased husbands Reserve Component Survivor Benefit
Plan (RCSBP) annuity.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was misinformed about applying for the SBP annuity. She was
told she could not receive the benefit until she reached
retirement age. Once she obtained retirement age, she applied
for the benefit, however, her application was denied as it was
received after the 6 year statute of limitations expired.
In support of her appeal, the applicant provides a personal
statement, a copy of the deceased members death certificate, a
copy of the members discharge orders and copies of the RCSBP
correspondence.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 20 June 2002, the decedent was notified of his eligibility to
receive retirement pay and to participate in the RCSBP. The
member properly executed ARPC Form 123, Reserve Component
Benefit Plan Election Certificate, selecting Option C, immediate
annuity for spouse only at full retirement pay.
On 2 February 2005, the member passed away. On 25 April 2011,
the applicant was notified that her request for the SBP annuity
was approved. On 10 May 2011, she was notified that her
application was not received within 6 years of the members
death and must be denied in accordance with 31 U.S.C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the applicants claim
must be time barred in accordance with Title 31, U.S.C., Section
3702(b), which limits the time for filing claims to 6 years.
The applicants claim was filed on 15 February 2011, 13 days
after the 6 year statute of limitations expired.
The complete DPP evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 August 2011, for review and comment within
30 days (Exhibit D). 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. While the applicant
filed her claim 13 days beyond the authorized statute of
limitations, we believe it would be an injustice for her not to
receive the benefits under the Survivor Benefit Plan. The
record clearly indicates the deceased former member intended her
to have this benefit as he continued to pay the SBP premiums
until the time of his death. Additionally, we find the members
explanation of being misinformed on when she had to file her
claim to be reasonable. At any rate we find the evidence
sufficient to resolve any doubt we may have in this matter in
her favor. Therefore, in the interest of equity and justice, we
recommend her records be corrected as indicated below.
________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that on
31 January 2011, she filed her claim for her deceased husbands
Survivor Benefit Plan annuity.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-01917 in Executive Session on 10 November 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All the members voted to correct the record, as recommended.
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPP, dated 28 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 11.
Panel Chair
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