RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00351
COUNSEL: NONE
(MEMBER) HEARING DESIRED: NO
(APPLICANT)
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her late husbands record be corrected to show he elected spouse
coverage under the Reserve Component Survivor Benefit Program
(RCSBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Her late husband was unable to make a RCSBP election since he
never received the packet. According to the Air Reserve
Personnel Command (ARPC) Entitlements Section, the packet was
returned unclaimed. She has been depending on her three
children for financial support since her husbands death;
however, they are married and have their own families to
support.
In support of her appeal, the applicant provides copies of a
letter from ARPC Entitlements Section and her husbands Death
Certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserve who
passed away on 18 October 2005.
The remaining relevant facts are contained in the letter
prepared by the Air Force office of primary responsibility (OPR)
at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval. 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. At that time, Title 10,
United States Code (USC), Subsection 1448, did not afford an
automatic coverage for spouse and/or children if a member was
eligible, but was not yet notified.
DPTT indicates the members record should be corrected to show
that he elected Option C, Spouse Only coverage, based on full
retired pay, dated 29 July 1996. His spouse should be
retroactively paid the RCSBP annuity effective 19 October 2005,
the day after the member passed away.
The complete DPTT evaluation is at Exhibit B.
________________________________________________________________
_
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). As of this date, this office has received no
response.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. After thoroughly
reviewing the evidence in this case, we believe favorable
consideration of the applicants request is warranted. We note
the Air Force office of primary responsibility (OPR) has
indicated that Title 10, USC, Subsection 1448, did not afford an
automatic coverage for spouse and/or children if a member was
eligible, but not yet notified. Therefore, we agree with the
recommendation made by the Air Force OPR and adopt its rationale
that the applicant has been the victim of an injustice.
Accordingly, we recommend the members 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 APPLICANT be corrected to show that on 29
July 1996, he elected Option C under the Reserve Component
Survivor Benefit Program for Spouse Only coverage based on full
retired pay.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-00351 in Executive Session on 7 November 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the record as recommended. The
following documentary evidence for AFBCMR Docket Number BC-2013-
00351 was considered:
Exhibit A. DD Form 149, dated 16 Jan 13, w/atchs.
Exhibit B. Letter, AFPC/DPTT, dated 13 Feb 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 24 Feb 13.
Panel Chair
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