RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05028
COUNSEL: NONE
(DECEASED SERVICE MEMBER)
HEARING DESIRED: NO
(APPLICANT)
________________________________________________________________
APPLICANT REQUESTS THAT:
Her spouses records be corrected to reflect she submitted a
timely request for her Reserve Component Survivor Benefit Plan
(RCSBP) annuity.
________________________________________________________________
APPLICANT CONTENDS THAT:
Although her husband elected Option C, Immediate Annuity, under
the RCSBP, she was told at the time of his death that she would
not be eligible to receive the annuity until his 60th birthday.
In support of her request, the applicant provides copies of
documents extracted from the service members military personnel
records, marriage certificate, and the service members death
certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant is the spouse of a deceased service member.
On 15 Jul 92, the service member was honorably discharged from
the South Carolina Air National Guard and was transferred to Air
Reserve Personnel Center on 16 Jul 92. On 17 Jul 92, he was
transferred to Retired Reserve List.
On 9 Feb 93, the service member elected RCSBP, Option C
(immediate annuity) for spouse and child coverage based on full
retired pay.
The service member passed away on 22 Nov 02.
?
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:
ARPC/DPTT recommends granting the requested relief indicating
the applicant was erroneously briefed on the eligibility
criteria to receive the RCSBP annuity.
The applicant notified ARPC of her husbands death. The Defense
Finance and Accounting Service (DFAS) forwarded the annuity
forms to the applicant requesting they be completed and returned
by 24 Jan 03, in order for her to start receiving the annuity.
DFAS was unable to start the annuity because they did not
receive the completed forms within the six year statute of
limitations under the Barring Act.
A complete copy of the ARPC/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 14 Dec 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit C).
________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant contends she was not properly briefed on when to
submit her claim for the RCSBP annuity. We took notice of the
applicant's complete submission in judging the merits of the
case and find she has provided sufficient documentation
reflecting she was not properly counseled as to when she could
apply for the RCSBP annuity. Furthermore, we note the
recommendation of the Air Force office of primary responsibility
and concur with their findings. Therefore, we recommend the
applicants records be corrected to the extent indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the DECEASED FORMER MEMBER be corrected to
show that on 23 January 2003, his widow,
submitted a claim for benefits under the Reserve Component
Survivor Benefit Plan (RCSBP).
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-05028 in Executive Session on 31 Jul 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Oct 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 7 Dec 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12.
Panel Chair
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 | CY2013 | BC 2013 04553
However, the deceased former member was married to someone other than the applicant at the time of his death. On 6 Jun 02, the deceased former member made an RCSBP election for Option C, Immediate Annuity for spouse only coverage. The applicant claimed that the deceased former member assured her several times that he had designated her as a former spouse under RCSBP, but the required action was not accomplished in compliance with law.
AF | BCMR | CY2011 | BC-2011-00700
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00700 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husbands records be corrected to reflect that he made an election for spouse coverage with immediate coverage based on full retired pay under the Reserve Component Survivor Benefit Plan (RCSBP). The remaining relevant facts pertaining to...
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 2012 05091
________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the deceased service member be corrected to show that on 31 Dec 02, he elected spouse only Survivor Benefit Plan (SBP) coverage based on full retired pay. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05091 in Executive Session on...
AF | BCMR | CY2013 | BC 2013 05695
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. Records indicate that he did not make an election within the required time period prescribed by U.S.C. Based on the evidence before us it appears the deceased service member was properly...
AF | BCMR | CY2013 | BC 2013 00842
She is due his retired pay from 3 February 2012 to the date of his death on 17 October 2012. We note the Air Force office of primary responsibility indicates that the former member was eligible to receive retired pay commencing 3 February 2012, but for unknown reasons, failed to submit his application prior to his death. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to...
AF | BCMR | CY2013 | BC 2013 03477
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03477 MEMBER: (DECEASED) COUNSEL: NONE APPLICANT: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husbands record be corrected to show that his Reserve Component Survivor Benefit Plan (RCSBP) election was option C immediate annuity for spouse and child(ren), rather that option A, decline to make an...
AF | BCMR | CY2011 | BC-2011-02904
___________________________________________________________ APPLICANT CONTENDS THAT: The Survivor Benefit Plan Election Certificate was sent during the time they were being transferred to Red River Army Depot, Texas. ___________________________________________________________ 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...