RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02781
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
Her deceased sisters military records be corrected to show that she elected Reserve Component Survivor Benefit Plan (RCSBP) coverage on 21 Feb 09, and identified her parents the RCSBP beneficiaries.
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APPLICANT CONTENDS THAT:
Her sister, a deceased former military member, was unfairly denied the opportunity to sign up for RCSBP. When the RCSBP package arrived at her home, an ex-boyfriend signed for it and did not tell anyone, so they were unaware RCSBP existed until she passed away. The applicant and the deceased former members parents were left with huge medical expenses after caring for her during her seven-plus years of disability, which they believe was the result of her military service in the Gulf War. The deceased member served faithfully for over 20-years, and the family believes the military owes them at least some of her pension.
The applicants complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:
On 25 Feb 13, the deceased former military member passed away.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, indicating there is no evidence of an error or injustice. On 21 Feb 09, The United States Postal Service delivered the RCSBP package to the members address and someone signed for the certified mail. Therefore, the package is considered delivered. ARPC must assume the member received her election package. Records indicate the deceased former member did not make an election within the required period of time. In accordance with U.S.C, Title 10, Subsection 1448, she was automatically enrolled under Option A, Decline to Make an Election Until Age 60. On 13 Jul 14, the day of her 60th birthday, she would have been offered another opportunity to participate in RCSBP. However, the former member passed away on 25 Feb 13. At the time of her passing, the member was unmarried with no eligible dependents.
A complete copy of the ARPC/DPTT evaluation, with attachments, is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 Sep 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 injustice. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-02781 in Executive Session on 25 Mar 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jun 13, w/atch.
Exhibit B. Decedent's Military Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 6 Sep 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 20 Sep 13.
Panel Chair
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