AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02001
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband’s records be corrected to reflect that he made
an election for spouse coverage with option C, which denotes
“immediate annuity” under the Reserve Component Survivor Benefit
Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In Feb 96, her deceased husband updated his military records, to
include his Servicemembers’ Group Life Insurance (SGLI), and
emergency data, as well as all civilian documentation and
declaration of survivor benefits; however, there was an error in
not updating the RCSBP election form.
In support of her request, the applicant provides copies of her
husband’s death certificate, their marriage license, DD Form 93,
Record of Emergency Data, and a Report of Individual Personnel
(RIP).
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 22 Dec 95, the deceased member and the applicant were
married.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPTT recommends denial. On 15 Jun 91, the deceased
member was notified of his eligibility to participate in the
RCSBP; however, he did not make an election at that time and
therefore, was automatically enrolled in Option “A”, “Decline to
make an election until age 60.” The deceased member did not
notify ARPC of his marriage or request to update his election as
dictated by Title 10 United States Code (USC), 1448(a)(5)(B)
which states, “any such election must be written, signed by the
person making the election, and received by the Secretary
concerned within one year after the date of the event.”
From 1 Mar 99 to 29 Feb 00 and from 1 Oct 05 to 30 Sep 06,
Congress declared these timeframes as SBP open-enrollment
seasons. 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.
During these timeframes DPTT records and system reflects the
deceased member did not elect to participate in the RCSBP.
Due to the fact that her deceased husband was eligible for
retired pay at age 60, the applicant is eligible for an ID card,
Base Exchange and Commissary privileges. In addition, she is
eligible to apply for medical and dental benefits through the
TRICARE program and may be eligible for benefits through the
Department of Veterans Affairs (DVA).
The complete DPTT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states the PS Form 3811, Domestic Return Receipt
does not bear her deceased husband’s signature certifying
receipt of the election information package. She questions how
her deceased husband was notified of the two opportunities to
make a survivor benefit election. She understands that under
the current law, the failure to make an election, if married,
will result an option C automatically being selected.
To deny her his pension would cause severe financial hardship.
For the past five months, she has struggled with the death of
her husband. She has a mortgage; so to remain in the home would
be impossible without sufficient funds. Denying a military
spouse her husband’s pension has far greater implications than
financial hardship; it speaks of a country who, upon her
deceased husband’s death, fundamentally declares his service
null and void.
The applicant’s complete response, with attachment, is at
attachment D.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2
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. While the
applicant states the PS Form 3811 does not bear her deceased
husband’s signature certifying receipt of the election
information package and questions how he was notified of the two
opportunities to make a survivor benefit program (SBP) election.
We note the PS Form 3811 does not bear her deceased husband’s
signature; however, it was mailed to the former member’s address;
bears the name of the person delivered to and the date of
delivery as required. In addition, there is no evidence the
former member established SBP coverage in her behalf, prior to
his 2010 retirement. Therefore we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
that the applicant has not been the victim of an error or
injustice. In view of the above and in the absence of evidence
to the contrary, we find no basis to recommend the relief sought.
The applicant must realize that RCSBP and SBP are much like
commercial life insurance plans, in that a member pays premiums
in order to secure a portion of their retirement to ensure
benefits are paid to their surviving spouse. Further, although
the law currently provides automatic coverage for a spouse if the
member fails to provide coverage or the spouse does not agree
with the decision, no such provisions existed at the time of the
member’s eligibility to enroll in the program.
4. 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 issues involved.
Therefore, the request for a hearing 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.
________________________________________________________________
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Panel Chair
Member
Member
The following members of the Board considered AFBCMR Docket
Number BC-2012-02001 in Executive Session on 19 Dec 12, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02001 was considered:
Exhibit A. DD Form 149, dated 1 May 12, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 3 Jul 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 16 Jul 12.
Exhibit D. Letter, Applicant, 10 Aug 12, w/atch.
Panel Chair
4
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