RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2013-03477

MEMBER: (DECEASED)		COUNSEL:  NONE 
APPLICANT: 
				HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her late husband’s record be corrected to show that his Reserve Component Survivor Benefit Plan (RCSBP) election was option C “immediate annuity for spouse and child(ren),” rather that option A, “decline to make an election until age 60.”  

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APPLICANT CONTENDS THAT:

Her husband of 26 years served in the Air Force and Air Force Reserve for over 30 years.  He was diagnosed with lung cancer, and they believed, and his doctor acknowledged, that there was a very strong probability that his deployments to Kuwait and Afghanistan where he was exposed to burning oil wells and garbage pits were contributing factors to his illness.  He died on 17 November 2012.  Following his death, she called the Air Reserve Personnel Center (ARPC) to speak with a representative regarding his RCSBP benefits.  She was very alarmed to be told that she only qualified for Tricare Health Benefits and was eligible to retain her ID card for benefits on the military base; however, she was not qualified to receive his pension benefits.  ARPC had no record of a completed RCSBP election package from her husband.  According to the representative the election package was sent to him in 1995, and this specific benefit had defaulted to an option which indicated he had declined to make an election until his retirement, and therefore, an RCSBP benefit would not be payable to the beneficiaries, if he died before reaching retirement age.  

ARPC has acknowledged that the required form was mailed out in 1995.  The form was sent to her husband’s former unit, rather than their home address.  They never received the package.  The unit never forwarded the package to her husband and it was not received by him, thereby denying him the opportunity to make the election to ensure that his beneficiary would receive survivor benefits.  She is specifically concerned for two reasons: 

	a.   Her husband was meticulous with his record keeping and would never have ignored paperwork from the military, which required his attention, response, and could have had an extremely negative impact on his family.  

	b.  Since ARPC has already acknowledged that the package was sent to the incorrect location and was never forwarded to him, she has no confidence that it was ever forwarded and if so, that it was sent to their correct address.  

Additionally, she was informed that upon his retirement he would have been required to make an election, if one was not already on file.  He was never asked to make an election when he retired from the Air Force Reserve in 2008.  They discussed his health at great length and he was absolutely sure that he had provided all of the information and had submitted all required forms to ensure that his family would be taken care of.  She respectfully asks that the Board review this information and please make the corrections to her husband's records, which will allow her the full retirement benefits to which she would be entitled had her husband not died before he reached retirement age.  She is now responsible for their household without benefit of his income.  

In support of her request the applicant submits a personal statement and copies of the member’s certificate of death and amendment to the certificate of death.  

The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

According to documents extracted from the Automated Records Management System (ARMS), the applicant enlisted in the Air Force on 28 February 1975.  Subsequent to his transfer to the Air Force Reserve, he was released from his, then, current assignment on 1 March 2008, and assigned to the HQ ARPC Retired Reserve section and placed on the Retired Reserve List awaiting retirement at age 60 (29 April 2013).  

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AIR FORCE EVALUATION:

ARPC/DPTT recommends approval.  DPTT states that they have no proof that the member received the RCSBP package that was signed for by his unit.  The RCSBP election package was mailed on 26 June 1996, to the member's unit mailing address and was signed by someone within the unit.  They had no record of the member making an RCSBP election in response to the letter sent; therefore, he was automatically enrolled in Option A, “I decline to make an election until age 60”.  He was married with dependent children at the time of the automatic election.  If the Board agrees with their recommendation, the records should be corrected to show that the member made an RCSBP election of option C “Immediate annuity for spouse and child(ren)” based on full retired pay.  

The complete ARPC/DPTT evaluation, with attachment, 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 13 January 2014 for review and comment within 30 days (Exhibit D).  To date, a response has not been received.  

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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 timely filed.  

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After reviewing the evidence of record, we are persuaded that favorable consideration of the applicant’s request is warranted.  Based on the favorable recommendation rendered by the Air Force office of primary responsibility indicating that they had no record of the member making an option A “I decline to make an election until age 60” RCSBP election in response to the letter sent; they recommend approval of the applicant’s request.  Therefore, in view of the above and absent a competing claimant, we recommend the member’s record be corrected as set forth below.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to MEMBER, be corrected to show that:

	a.  On 29 February 2008, he made a timely and effective election of Reserve Component Survivor Benefit Plan (RCSBP) Option C, “immediate annuity for spouse and child(ren),” based on full retired pay.  

	b.  On 27 June 2013, the APPLICANT submitted a timely and effective claim for survivor benefit annuity.

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The following members of the Board considered this application in Executive Session on 25 March 2014, under the provisions of AFI 36-2603:

			, Vice Chair
			, Member
			, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03477 was considered:

    Exhibit A.  DD Form 149 dated 27 June 2013, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Record.
    Exhibit C.  Letter, ARPC/DPTT, dated 29 October 2013, w/atch.  
    Exhibit D.  Letter, SAF/MRBR, dated 13 January 2014.