ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01539
COUNSEL:
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he elected immediate
Reserve Component Survivor Benefit Plan (RCSBP) spouse coverage.
STATEMENT OF FACTS:
On 27 November 2012, the Board considered and denied his request
for RCSBP spouse coverage. For an accounting of the facts and
circumstances surrounding the applicants request and the
rationale of the earlier decision by the Board, see the Record
of Proceedings at Exhibit E.
Directive Type Memorandum, Changes in the SBP Enacted by Public
Law 108-375 National Defense Authorization Act for Fiscal Year
2005, dated 5 August 2005, states that finance centers shall
notify each eligible member no later than 31 December 2005, of
the opportunity to make an SBP election during the open
enrollment period.
On 8 August 2013, the applicant, through his lawyer, submitted a
request for reconsideration, with an affidavit from the
applicant stating he did not receive the initial election
package in June 1999 or the second election package in March
2005. The first time he was made aware that the package had
been sent to his home address was in 2009 when he contacted the
Air Force to inquire about his RCSBP status. His wife also
provides an affidavit stating she nor her husband received an
election package in March 2005. The applicants son of the same
name provides an affidavit stating while his father was residing
in Washington, D.C., he signed for the election package in error
and did not forward it to his father or make him aware that he
received it. Lastly, his employer certifies in an affidavit
that the applicant was temporarily working and residing in
Washington D.C. from 1998-2000. Counsel states these affidavits
establish that an error occurred with respect to the applicants
receipt of the RCSBP packages. Accordingly, he requests the
affidavits be given due consideration in conjunction with his
application to have his records corrected to reflect that he
elected RCSBP spouse coverage.
The applicants complete submission, with attachments, is at
Exhibit F.
THE BOARD CONCLUDES THAT:
1. In an earlier finding, the Board determined there was
insufficient evidence to warrant corrective action and denied
his request because the applicant acknowledged receipt of his
eligibility to participate in the RCSBP and failed to make an
election. It was also noted that he had the opportunity to
enroll during the 1 October 2005 through 30 September 2006 Open
Enrollment Season and elected not to participate. However,
after careful consideration of all the facts and circumstances
of the applicants case, along with the additional documentation
provided in support of his appeal, it is our opinion that relief
is warranted. In this respect we note the applicants son, of
the same name, states that in 1999, he signed for the initial
RCSBP package and did not forward it to his father. His former
employer also certifies that from 1998 to 2000, the applicant
was temporarily working and residing in Washington, D.C. for a
job assignment. Although the OPR states that a package was sent
to the applicant offering him the opportunity to enroll during
the 2005-2006 Open Enrollment Season, there is no evidence in
the record that he was notified in accordance with the DTM dated
5 August 2005. In view of the foregoing, we find the evidence
presented in this case sufficient to recommend his records be
corrected to reflect that he elected immediate RCSBP spouse
coverage based on full retired pay. Accordingly, we recommend
his records be corrected as set forth below.
2. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on
9 September 1999, he elected immediate spouse coverage under the
RCSBP, based on full retired pay, naming his spouse as the
eligible spouse beneficiary contingent upon recoupment of any
applicable premiums.
The following members of the Board considered this application
in Executive Session on 28 May 2014, under the provisions of AFI
36-2603:
, Vice Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence pertaining to AFBCMR BC-2012-
01539 was considered:
Exhibit E. Record of Proceedings, dated 29 November 2012,
w/Exhibits.
Exhibit F. Letter, Counsel, dated 8 August 2013, with atchs.
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