RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05676
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased husbands records be corrected to reflect that he
made an election for spouse coverage with immediate annuity
under the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. On 22 Jun 95, her deceased husband mailed the RCSBP paperwork
to continue coverage. However, after speaking with the
entitlements personnel she was informed that they never received
the paperwork. The package was sent via regular mail and she
did not maintain a copy for he records.
2. Prior to her deceased husbands death he informed her to
apply for the RCSBP benefits 30 days before 60 years old.
In support of her request, the applicant provides copies of her
husbands death certificate, their marriage certificate, and
various other documentation in support of her request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 May 93, 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 24 Mar 95, 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.
On 1 March 1999 to 29 February 2000, Congress declared this
timeframe as 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
DPTT records and system reflects the deceased member did not
elect to participate in the RCSBP.
DPTT states that the applicant reported her deceased husbands
death when he passed away on 26 Jul 06. During this time, she
was briefed on her ineligibility to receive RCSBP annuity based
on her deceased husbands failure to respond within the 90 day
time period.
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
Veterans Administration (VA).
The complete DPTT evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates her original contention that her
deceased husband mailed the RCSBP package to continue coverage.
In addition, the applicant contends that she was never briefed
on her ineligibility to receive the RCSBP annuity.
The applicants complete submission 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. The
applicants complete submission was thoroughly reviewed and her
contentions were duly noted. However, we do not find her
assertions and the documentation presented in support of her
appeal sufficiently persuasive. There is no evidence the former
member established Reserve Component Survivor Benefit Plan
coverage in her behalf, prior to his 1 Dec 94 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.
4. The applicants 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.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-05676 in Executive Session on 27 Aug 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Dec 12, w/atchs.
Exhibit B. Letter, HQ ARPC/DPTT, dated 9 Jan 13, w/atchs
Exhibit C. Letter, SAF/MRBR, dated 14 Jan 13.
Exhibit D. Letter, Applicant, 28 Jan 13.
Panel Chair
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