RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04980
COUNSEL: NONE
(DECEASED SERVICE MEMBER)
HEARING DESIRED: NO
(APPLICANT)
________________________________________________________________
APPLICANT REQUESTS THAT:
The service members records be corrected to reflect he made a
timely election for spouse coverage under the Reserve Component
Survivor Benefit Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
She was not aware of the election that her spouse made or that
her signature was required on the form.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 11 Sep 98, the service member was notified that he was
eligible to participate in RCSBP.
On 18 Oct 98, the service member submitted his ARPC Form 123,
Reserve Component Survivor Benefit Plan election. He elected
Option A, Decline to make an election until Age 60.
On 1 Apr 01, the service member was released from his reserve
assignment and transferred retired reserve to await retired pay
at age 60.
On 19 Sep 13, the service member passed away.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends granting the requested relief noting the
service member was not provided opportunity to correct his
election. During the period in question the service member was
married with children. He submitted a request to decline to
make an election for RCSBP until age 60. ARPC received his
request on 21 Oct 98. The service members request should have
been returned to obtain his spouses concurrence as required by
law. By law, spousal concurrence and signature are required if
the election was for child only or a reduced level of coverage.
ARPC failed to notify the service member he needed to make a
correction to his election and to update his election in the
system. On 22 Mar 14, the applicant will be eligible for an
identification (ID) card, Base-Exchange and Tricare benefits.
A complete copy of the ARPC/DPTT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 20 May 14 for review and comment 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 injustice. We took notice of
the applicant's complete submission in judging the merits of the
case and 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 been the
victim of an injustice. Therefore, we recommend the records be
corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the DECEASED FORMER MEMBER be corrected to
show that on 18 October 1998, he elected spouse-only coverage,
Option C, immediate coverage, under the Reserve Component
Survivor Benefit Plan (RCSBP), based on full retired pay, naming
the APPLICANT as the eligible spouse beneficiary.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-04980 in Executive Session on 9 Oct 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 27 Nov 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 20 May 14.
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