AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00973
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
XXXXXXXXXXXXXXXX (DECEASED)
XXXXXXXXXXXXXXXX (APPLICANT)
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her spouse’s record be corrected to show he elected “spouse only”
immediate coverage based on full retired pay under the Reserve
Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her late husband would have been eligible for retirement at age
60; however, he died on 16 May 2011 at the age of 45.
In support of her appeal, the applicant provides copies of her
late husband’s retirement order, Report of Separation, and
Certificate of Death.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The decedent is a former member of the Air National Guard (ANG)
who was transferred to the Retired Reserve effective 27 October
1999 in the grade of technical sergeant (E-6) after serving
15 years, 7 months, and 16 days of satisfactory service.
The remaining relevant facts are contained in the letter prepared
by the Air Force office of primary responsibility (OPR) at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT indicates the decedent was
notified of his eligibility to participate in the RCSBP on
6 March 2000 via certified mail. The acknowledgment receipt of
the Notification of Eligibility was signed on 24 March 2000. The
decedent made no election during that time and, as prescribed by
Title 10, United States Code, Section 1448, was automatically
enrolled in Option A, “Declined to make an election until age 60”
effective 22 June 2000. He was afforded one opportunity to
upgrade his election after his original election was updated,
when Congress declared 1 October 2005 through 30 September 2006
as an SBP Open Enrollment Season. Members, who had previously
elected less than full coverage or no coverage for their
spouse/children, were afforded the opportunity to change their
election to cover their families. The decedent did not elect to
participate during this open season.
DPTT states that in view of the fact that the decedent would have
been eligible for retired pay at age 60, the applicant is
eligible for an Identification Card and Base-Exchange and
Commissary privileges effective 6 March 2000. In addition, she
will be eligible to apply for medical and dental benefits through
the TRICARE program effective 3 March 2026.
Based on the fact the decedent did not elect to participate in
RCSBP, the applicant is not entitled to RCSBP benefits.
The complete DPTT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 25 June 2012, for review and comment within 30 days (Exhibit
C). 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. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. 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 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.
_________________________________________________________________
2
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-2012-00973 in Executive Session on 27 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2012-00973:
Exhibit A. DD Form 149, dated 15 Mar 12, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 1 May 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 25 Jun 12.
XXXXXXXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXX
Panel Chair
3
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