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).
APPLICANT CONTENDS THAT:
She is listed as beneficiary on all of her late husbands
benefits. She cannot imagine not being listed as beneficiary
for his retirement benefits as well.
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 15 February 1994, the decedent became eligible for retired
pay at age 60.
The decedent died on 21 February 2000 at the age of 46.
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval. DPTT states when a member
becomes eligible for retired pay at age 60, a notification
letter along with an RCSBP information package is sent by
certified mail. In accordance with U.S.C. Title 10 Subsection
1448, A member who is married or has a dependent child and who
received notice of eligibility for retired pay and elects to
participate in the plan and makes a designation before the end
of the 90-day period beginning on the date he receives such
notification. ARPC has no record of the member making an RCSBP
election in response to the letter sent; therefore, he was
automatically enrolled in Option A, Decline to Make an Election
Until Age 60. He was married with dependent children at the
time of the automatic election.
The former service members record does not have a certified
mail-card receipt for a delivered RCSBP information letter.
However, an automatic election was updated in his record.
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.
The complete DPTT evaluation, with attachment, is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 May 2014, 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error and injustice. After
thoroughly reviewing the circumstances of this case, the
majority of the Board believes that favorable consideration of
the applicant's request is warranted. We note that ARPC has
indicated there is no record of the former service member making
an RCSBP election. Additionally, ARPC also indicates there is
no record of a certified mail-card receipt for a delivered RCSBP
information letter. As such, the Board majority believes the
decedent was deprived of the opportunity to make an RCSBP
election and therefore a victim of an error and injustice. As
such, the majority of the Board recommends the records be
corrected as indicated below.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to FORMER MEMBER, be corrected to show that:
a. On 15 February 1994, he made a timely and effective
election of spouse coverage under the Survivor Benefit Plan,
based on full retired pay; and
b. On 22 February 2000, APPLICANT, submitted a timely and
effective claim for a survivor benefit annuity.
The following members of the Board considered AFBCMR Docket
Number BC-2013-04887 in Executive Session on 27 June 2014, under
the provisions of AFI 36-2603:
By a majority vote, the Board recommended approval of the
application. XXXXXXXXXXx voted to deny the applicants request
but does not desire to submit a minority report. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 October 2013, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 19 December 2013, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 2 May 2014.
AF | BCMR | CY2014 | BC 2014 01612
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01612 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be designated as beneficiary for former spouse coverage under the decedents Reserve Component Survivor Benefit Plan (RCSBP). The applicant was awarded full survivor benefit annuity under RCSBP by court order. However, the applicant did not notify ARPC of her RCSBP election within one year as prescribed by...
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-2013-00961
She made several inquiries in regards to the decedents elected survivor benefits, only to be told each time that she was not eligible due to his type of retirement. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, indicating the decedent was...
AF | BCMR | CY2013 | BC 2013 02769
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...
AF | BCMR | CY2013 | BC 2013 00961
She made several inquiries in regards to the decedents elected survivor benefits, only to be told each time that she was not eligible due to his type of retirement. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, indicating the decedent was...
AF | BCMR | CY2011 | BC-2011-00793
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.
AF | BCMR | CY2013 | BC-2013-01662
The applicant and the decedent divorced on 25 June 2010. The 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. The divorce decree did not award former spouse coverage under the RCSBP as dictated by law.
AF | BCMR | CY2013 | BC 2013 03477
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 ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husbands 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...
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 | CY2012 | BC-2012-00395
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00395 COUNSEL: NONE HEARING DESIRED: YES IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased spouse’s record be changed to show he elected spouse and child coverage under the Reserve Component Survivor Benefit Plan (RCSBP). A preponderance of the evidence provided supports that the applicant’s medical condition more likely than...