RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02089
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husbands records be corrected to show that he
elected to participate in the Reserve Component Survivor Benefit
Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband received the paperwork for the RCSBP in 1990, when he
was only 40 years of age. He was young and thought he had a long
time to live.
Had he understood the importance of the form, and knowing his
family would not receive any benefits, he would have signed it.
She was told that when she turned 60 she could apply for the
benefits.
In support of her request, the applicant provides a personal
statement and a copy of her husbands death certificate.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 Feb 90, the former member was notified of his eligibility
for retired pay at age 60 and his eligibility to participate in
the RCSBP. The election package was sent by certified mail to
the members home address. The member made no election during
that time and as prescribed by Title 10, United States Code (USC)
Section 1448, was automatically enrolled in Option A (Defer to
make an election until age 60) effective 25 Jun 90.
The former members date of birth is 3 May 50. He died on 27 Dec
03, prior to his 60th birthday.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states that based on the
information provided, by law the former member made an
irrevocable election under Title 10 USC, Section 1448.
The member was afforded one opportunity to upgrade his election
after his original election was updated. Congress declared 1 Mar
99 through 29 Feb 00 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. During this timeframe,
DPTTs system/record shows that the member did not elect to
participate in the RCSBP program.
The complete DPTT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that her husbands original copy of the
RCSBP letter was with his important paperwork and was never
signed.
She received condolence letters from different departments, but
not one letter or call came from the Air National Guard, where
her husband served for 37 years of his life. She understands the
process is law, but her family is entitled to this benefit.
In her rebuttal response, the applicant provides copies of
condolence letters and the RCSBP packet her husband received.
The applicant's complete response, with attachments, 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 applicant's complete submission, to include her rebuttal
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 that 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.
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 issue 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.
_________________________________________________________________
The following members of the Board considered Docket Number
BC-2012-02089 in Executive Session on 19 Dec 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 May 12, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 25 Jun 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 27 Jun 12.
Exhibit D. Letter, Applicant, not dated, w/atchs.
Panel Chair
AF | BCMR | CY2011 | BC-2011-00623
He loved his country and was dedicated to his job as an Air Force officer. If the member would have made an election, the election would have been effective on his 60th birthday. She retired after 20 years as a teacher; however a teachers retirement pay is not much.
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 | CY2012 | BC-2012-02001
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. 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. ...
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-2012-00973
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. 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...
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 00351
DPTT states that on 29 July 1996, ARPC attempted to notify the member of his eligibility to make an RCSBP election; however, the package mailed to the member was returned undeliverable. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 February 2013, for review and comment within 30 days (Exhibit D). Exhibit C. Letter, SAF/MRBR, dated 24 Feb 13.
AF | BCMR | CY2013 | BC 2013 05388
APPLICANT CONTENDS THAT: Her deceased husband and she thought they had complied with the marriage reporting requirements of the Reserve Component Survivor Benefit Plan (RCSBP), when their marriage data was entered in the Defense Enrollment Eligibility Reporting System (DEERS) upon being issued new military ID cards on 4 Feb 11, less than two months after being married on 16 Dec 10. ARPC/DPTT has no record of the deceased member or his spouse reporting the marital change within the required...
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...