RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02762
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be disenrolled in the Reserve Component Survivor Benefit
Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
She did not elect to enroll in the RCSBP and do not elect to
enroll now. She did not sign for the certified mail (election
package) dated 1 Aug 06.
She was not aware of her enrollment until her application for
Reserve retired pay was submitted.
In support of her appeal, the applicant provides a copy of a
certified mail receipt, dated 1 Aug 06, which she states is not
her signature or her application.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on information from the Air Force Reserve office of
primary responsibility, the applicant was notified regarding her
eligibility to participate in RCSBP via certified mail. This
election package was sent to her address on file; however, she
did not make an election within the required time period.
The applicant did not make a response during the 90-day period
and as prescribed by U.S.C. Title 10 Subsection 1448 and was
automatically covered under Option C, "Immediate Annuity for
Spouse Only" coverage, dated l Nov 06. During this time, the
applicant was married with an eligible dependent.
________________________________________________________________
THE AIR FORCE EVALUATION:
ARPC/DPTT recommends denial.
In accordance with 10 USC §1448, the applicant had 90 days after
the package was received to make an election. DPTTs records
show the RCSBP election package was received.
The applicant states she did not sign for the postal receipt of
the RCSBP election package and would like an opportunity to make
an election. According to our system, this package was
delivered to the address updated in the applicants record. The
United States Postal Service delivered the package to the
address and someone at the address signed for the certified
mail, therefore it is considered delivered and that the
applicant received the election package.
The complete DPTT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 5 Jul 13 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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's 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 and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2013-02762 in Executive Session on 5 May 2014, under
the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jun 13, w/atchs.
Exhibit B. Letter, AFPC/DPTT, dated 24 Jun 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 5 Jul 13.
Vice Chair
AF | BCMR | CY2013 | BC 2013 02781
________________________________________________________________ APPLICANT CONTENDS THAT: Her sister, a deceased former military member, was unfairly denied the opportunity to sign up for RCSBP. Records indicate the deceased former member did not make an election within the required period of time. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error...
AF | BCMR | CY2014 | BC 2014 00112
Records indicate that he did not elect to participate during these timeframes. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. Exhibit C. Letter, SAF/MRBR, dated 15 September 2014.
AF | BCMR | CY2013 | BC-2013-01838
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01838 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Reserve Component Survivor Benefit Plan (RCSBP) election be corrected to reflect Option A, I decline to make an election until age 60. Based on the information provided, there is no record the applicant was notified via certified mail regarding...
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 04887
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04887 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her late spouses record be changed to show he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). On 22 February 2000, APPLICANT, submitted a timely and effective claim for a survivor benefit annuity. Exhibit C. Letter, SAF/MRBR, dated 2 May 2014.
AF | BCMR | CY2012 | BC-2012-02089
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that her husbands original copy of the RCSBP letter was with his important paperwork and was never signed. _________________________________________________________________ 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...
AF | BCMR | CY2013 | BC 2012 05162
A complete copy of the ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Her spouse signed for the notification letter for RCSBP because she was serving her annual tour in Germany. We took notice of the applicant's 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 and adopt its rationale...
AF | BCMR | CY2013 | BC 2013 03261
Congress declared two RCSBP Open Enrollment Seasons from 1 March 1999 through 29 February 2000 and 1 October 2005 through 30 September 2006. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. We took notice of the applicant's 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 and adopt its rationale as the basis...
AF | BCMR | CY2006 | BC-2006-00348
She has learned since her husband’s death that this package was mailed as registered mail with a suspense date of 90 days, requiring an election of A, B, or C to determine her annuity. There is no evidence he made an RCSBP election at that time. A complete copy of the evaluation, with attachment, is attached at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by thanking the Air Force for...
AF | BCMR | CY2012 | BC-2012-00119
_________________________________________________________________ APPLICANT CONTENDS THAT: In 1993, she received her 20-year letter but did not make an RCSBP election at that time because she was not married. She made no election at that time as she was not married. ), Section 1448 (a)(5)(B) states that “such an election must be written, 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...