RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00842
COUNSEL: NONE
(DECEASED) HEARING DESIRED: NO
(APPLICANT)
________________________________________________________________
_
APPLICANT REQUESTS THAT:
She be paid the sum of her late husbands retirement pay from
his 60th birthday on 3 February 2012 to his death on 17 October
2012.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
Her husband should have started receiving retired pay on
3 February 2012 (his 60th birthday). However, due to unknown
circumstances, the retirement paperwork was not received and no
pay record was established. She is due his retired pay from
3 February 2012 to the date of his death on 17 October 2012.
In support of her appeal, the applicant provides a copy of her
late husbands death certificate; his DD Form 149, Certificate
of Release or Discharge from Active Duty; his Application for
Transfer to the Retired Reserve; and a Reserve Component
Survivor Benefit Plan (RCSBP) worksheet.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The decedent is a former member of the Air Force Reserve who
transferred to the Retired Reserve effective 21 August 1995 and
was eligible to start drawing his retired pay on his 60th
birthday, 3 February 2012. He made an RCSBP election for full
coverage for his spouse and children.
He died on 17 October 2012.
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 the record
reflects a letter was sent to the member in October 2011 with
information on how to apply for his retired pay. However, he
died on 17 October 2012, without submitting an application for
retired pay. The member was eligible to receive the pay, but
for unknown reasons, failed to submit his application for
processing.
His widow applied for and has been receiving annuity under the
RCSBP, which was effective the day following the members death.
The complete DPTT evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 6 April 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 error or 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 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. Since the applicant
was indeed eligible to receive retired pay, we agree with the
Air Force office of primary responsibility and adopt its
rationale that the former 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 2
February 2012, he applied to receive Reserve retired pay
effective the date of his 60th birthday.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-00842 in Executive Session on 7 January 2014,
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-
00842 was considered:
Exhibit A. DD Form 149, dated 13 Dec 12, w/atchs.
Exhibit C Letter, AFPC/DPTT, dated 29 Mar 13.
Exhibit D. Letter, SAF/MRBR, dated 6 Apr 13.
Panel Chair
2
3
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