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).
________________________________________________________________
APPLICANT CONTENDS THAT:
She did not know the Air Force needed a copy of her marriage
certificate to allow her deceased husbands RCSBP to reflect her
as the beneficiary. He clearly expected to live past the age of
60 as he opted to make his SBP election at that time. Her
husband died unexpectedly leaving her to care for his mother.
Their livelihood depends on that 55 percent of his retired pay.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Facts extracted from the Air Force office of primary
responsibilitys evaluation reveal the member was notified of
his eligibility to participate in the RCSBP on 13 February 2001.
He completed the ARPC Form 123, RCSBP Certificate, and elected
Option A, Decline to make an election until age 60. At the
time, he was not married and had one dependent child. He passed
away on 24 July 2012 at the age of 56 years old.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. The member and the applicant were
married on 30 December 2003. Neither the member nor the
applicant notified the headquarters of the marital change.
Title 10 U.S.C. 1448 (3) (A)(iii) states that any such election
must be in writing, signed by the person making the election and
received by the Secretary concerned within one year after the
date on which that person marries or acquires a dependent child.
There is no record of the decedents notification of his change
in marital status.
Should the Board elect to grant the relief sought, the applicant
would be responsible for the RCSBP premiums effective the date
of the coverage.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicants son wrote on behalf of the applicant stating
that his step-father was unable to properly retire and receive
his entitlements. He elected to receive his benefits when he
turned 60, unfortunately, that never happened. His step-father
served his country proudly and it would be an embarrassment to
our country and veterans for the benefits to which they are
entitled be forgotten due to a simple correction in legal
paperwork that was overlooked.
He asks the Boards review of the last will and testament and to
understand the intent of the document. Although the decedent
does not clearly address his military pension, he left all of
his assets to the applicant.
The applicants complete response, with attachment, 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 timely filed.
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 recommendation
of the Air Force office of primary responsibility that the
deceased member made a clear election to decline to make an
election until age 60. 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
the applicants situation is regrettable, 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-2012-03586 in Executive Session on 7 May 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
Although, chaired the panel, in view of her unavailability,
has signed as Acting Panel Chair. The following documentary
evidence was considered:
Exhibit A. DD Form 149, dated 4 Aug 12, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 5 Oct 12, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 16 Oct 12.
Exhibit D. Letter, Response, dated 16 Nov 12, w/atch.
Acting Panel Chair
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