RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03261
XXXXXXXXXX (DECEASED) COUNSEL: NONE
XXXXXXXXXX (APPLICANT) HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her husbands (decedent) records be corrected to show he made a
timely election for spouse coverage under the Reserve Component
Survivor Benefit Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
She was not properly informed of the decedents non-election. He
was recovering from a left hemisphere aneurysm and lacked the
capacity to comprehend the importance and time constraints of his
retirement documents.
The applicant provides no rationale as to why her failure to
timely file should be waived in the interest of justice.
In support of her request, the applicant provides copies of the
decedents medical records, marriage certificate, death
certificate and various other items related to her request.
Her complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant was transferred to the Retired Reserve List
effective 15 September 1996. He was eligible for Reserve retired
pay at age 60 under the provisions of Title 10, United States
Code, § 1331.
The applicant would have turned 60 on 4 October 2014.
On 15 February 2013, at age 58, the applicant died from acute
myocardial infraction.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. On 4 December 1996, the decedent
signed for the RCSBP election package that was mailed to his
residence. He had 90 calendar days from the date of notification
to make a RCSBP election by returning an ARPC Form 123, RCSBP
Election Certificate. He did not respond during the 90-day period
and as prescribed by Title 10 USC Subsection 1448, he was
automatically covered under Option A, "Defer to make election
until age 60." At the time of this election the decedent was
married with dependent children. The decedent was afforded two
opportunities to upgrade his election after his automatic election
was updated. Congress declared two RCSBP Open Enrollment Seasons
from 1 March 1999 through 29 February 2000 and 1 October
2005 through 30 September 2006. Members who had previously
elected less than full coverage, or no coverage for their
spouse/children, were afforded the opportunity to change their
election to cover their families. The applicant did not elect to
participate during the aforementioned time frames.
The complete DPTT evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 March 2014, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received (Exhibit D).
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 to warrant adding
his spouse to his RCSBP. 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 the applicant has not been the victim of an error
or injustice. In view of the above and 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that 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 this application in
Executive Session on 9 October 2014, under the provisions of AFI
36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-03261:
Exhibit A. DD Form 149, dated 19 June 2013, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 8 March 2014, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 March 2014.
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On 25 Aug 1994, the decedent and the applicant divorced. If the documents were provided within the required timeframe, DPTT would have been unable to update the member's RCSBP election due to the member not electing to participate in the Plan when eligible. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of her request, the applicant provides two letters.
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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.
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