RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02769
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
Her late spouses record be changed to show he elected spouse
coverage under the Reserve Component Survivor Benefit Plan
(RCSBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
When her late husband passed in 2005, she was miscounseled
regarding benefits to include healthcare and pension.
In support of the applicants appeal, she provides a personal
statement, retirement certificate, death certificate, and other
related documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 23 May 2000, the decedent was notified regarding his
eligibility to participate in the RCSBP via certified mail.
ARPC records show the decedent did not make an election during
the 90-day period. Prescribed by U.S.C. Title 10 Subsection
1448, he was automatically enrolled under Option A, Decline to
Make an Election Until Age 60 dated 21 August 2000. During
this time, the decedent was married with eligible dependents.
The decedent died on 6 September 2005.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter prepared by the appropriate office of the Air
Force at Exhibit B.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states at the time of the
service members death, the RCSBP annuity was not afforded to
his survivors because he was not participating in the plan. IAW
U.S.C., Title 10, Subsection 1448(a)(2)(B), A person who is
eligible to participate in the plan and who is married or has a
dependent child when he is notified that he has completed the
years of service required for eligibility for reserve-component
retired pay, and elects to participate in the plan by
designation before the end of the 90-day period beginning on the
date he receives such notification.
DPTTs system confirms the applicant reported her husbands
death to ARPC on 28 March 2013. During this time, the applicant
was erroneously briefed that she was eligible to receive RCSBP
annuity despite the expiration of the six year statute of
limitation. The counselor that improperly counseled the
applicant has been given RCSBP program training.
In view of the fact that the service member was eligible for
retired pay at age 60 (12 July 2011), his widow is eligible for
an ID card, Base Exchange and Commissary privileges and may
apply for medical and dental benefits through the TRICARE
program. She may be eligible for benefits through the Veterans
Administration (VA) and may contact them.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 5 August 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
_
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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we do not find the evidence
sufficiently persuasive to override the rationale expressed by
the Air Force office of primary responsibility (OPR). The
former service member did not make a valid RCSBP election for
his eligible dependents at the time of his initial notification.
However, as indicated by the OPR the applicant is eligible for
an ID card, Base Exchange and Commissary privileges and may
apply for medical and dental benefits. Therefore, we agree with
the Air Force OPR opinion and recommendation and adopt its
rationale expressed as the basis for our decision that the
applicant has not suffered either an error or injustice.
Accordingly, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
4. The applicant's 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 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.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-02769 in Executive Session on 25 March 2014,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-02769 was considered:
Exhibit A. DD Form 149, dated 28 May 2013, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 1 July 2013, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 5 August 2013.
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