RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02904
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouses record be corrected to reflect he
elected immediate annuity spousal coverage under the
Reserve Component Survivor Benefit Plan (RCSBP).
___________________________________________________________
APPLICANT CONTENDS THAT:
The Survivor Benefit Plan Election Certificate was sent
during the time they were being transferred to Red River
Army Depot, Texas. During that transition, they had four
different mailing addresses before they settled down for
good. She believes the paperwork may have been sent to one
of the previous addresses and never forwarded. Her husband
passed away at 55, making her a widow after 31 years of
marriage. She needs the survivor benefits as she is a
teachers aide at the local school which does not pay much.
In support of her request, she provides a copy of the
service members death certificate, a copy of their
marriage certificate and copies of the decedents DD Form
214s, Certificates of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachments, is
at Exhibit A.
___________________________________________________________
STATEMENT OF FACTS:
Facts extracted from the Air Force Office of primary
responsibility evaluation reveal the decedent was notified
of his eligibility to participate in the RCSBP on 10 July
1996. He made no election at that time and was
automatically enrolled in Option A, decline to make an
election until age 60, effective 31 October 1996. He
passed away on 17 May 2011, at the age of 55.
___________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. The member was notified of
his eligibility to participate in the RCSBP by certified
mail which he acknowledged on 30 July 1996. He made no
election and was automatically enrolled in Option A,
decline to make an election until age 60. There were
also open enrollment seasons during which he could have
upgraded his election. The decedent did not elect to
participate in RCSBP.
The complete DPTT evaluation, with attachments, is at
Exhibit B.
___________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates she is a widow after 31 years of
marriage. She does not know why her husband did not send
back the paperwork. He did not discuss the issue with her.
She has worked with the school system for years but the pay
is not much. Her take home pay is $1030.00 per month.
Things are tight and any help would be appreciated. She
has also requested that her Congressman look into this
matter.
The applicants complete response is at Exhibit D.
___________________________________________________________
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 applicants complete submission in judging
the merits of the case; however, we agree with the opinion
and the 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. 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 the
applicant. While it is regrettable the decedent chose not
to elect RCSBP coverage for the applicant, we find no basis
to grant the relief sought in the application.
Accordingly, the applicants request is not favorably
considered.
___________________________________________________________
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 AFBCMR Docket
Number BC-2011-02904 in Executive Session on 2 February
2012, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jul 11, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 23 Nov 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 2 Dec 11.
Exhibit D. Applicants Response, dated 15 Dec 11.
Panel Chair
AF | BCMR | CY2014 | BC 2014 00112
Records indicate that he did not elect to participate during these timeframes. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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. Exhibit C. Letter, SAF/MRBR, dated 15 September 2014.
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.
AF | BCMR | CY2012 | BC-2012-03586
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03586 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased spouses record be corrected to reflect he elected immediate annuity spousal coverage under the Reserve Component Survivor Benefit Plan (RCSBP). He completed the ARPC Form 123, RCSBP Certificate, and elected Option A, Decline to make an...
AF | BCMR | CY2013 | BC 2013 02769
IAW U.S.C., Title 10, Subsection 1448(a)(2)(B), A person who is eligible to participate in the plan and who is married or has a dependent child when he is notified that he has completed the years of service required for eligibility for reserve-component retired pay, and elects to participate in the plan by designation before the end of the 90-day period beginning on the date he receives such notification. DPTTs system confirms the applicant reported her husbands death to ARPC on 28 March...
AF | BCMR | CY2013 | BC-2013-00961
She made several inquiries in regards to the decedents elected survivor benefits, only to be told each time that she was not eligible due to his type of retirement. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, indicating the decedent was...
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 | CY2013 | BC 2012 05676
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. ...
AF | BCMR | CY2010 | BC-2010-03486
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). We took notice of the applicant's complete submission in judging the merits of the case;...
AF | BCMR | CY2013 | BC 2013 03261
Congress declared two RCSBP Open Enrollment Seasons from 1 March 1999 through 29 February 2000 and 1 October 2005 through 30 September 2006. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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...
AF | BCMR | CY2013 | BC 2013 00961
She made several inquiries in regards to the decedents elected survivor benefits, only to be told each time that she was not eligible due to his type of retirement. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, indicating the decedent was...