RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05425
COUNSEL: NONE
(Deceased Service Member)
HEARING DESIRED: NOT INDICATED
(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:
Her husband did not understand the wording on the SBP election
form and marked the incorrect box.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 22 Sep 04, the service member was notified that he was eligible
to participate in RCSBP.
On 29 Oct 04, the service member submitted his ARPC Form 123,
Reserve Component Survivor Benefit Plan Election Certificate. He
elected Option A, Decline to make an election until Age 60 and on
that date the applicant signed the form concurring with the
election.
On 2 Oct 05, the service member was released from his reserve
assignment and transferred to the retired reserve to await retired
pay at age 60.
An SBP open enrollment period was authorized by Congress from
1 Oct 05 through 30 Sep 06. Service members who had previously
elected less than full coverage, or no coverage for their
dependents, were afforded the opportunity to change their election
to cover their families.
The service member passed away on 29 Oct 13.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of an
error or an injustice. The service member made a valid election
for RCSBP with his spouses concurrence. Furthermore, the service
member had an opportunity to make an election during the
authorized open enrollment period but failed to do so.
A complete copy of the ARPC/DPTT evaluation, with attachments, is
at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 30 May 14 for review and comment within 30 days (Exhibit D).
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. 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 requested relief.
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.
The following members of the Board considered AFBCMR Docket Number
BC-2013-05425 in Executive Session on 22 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTT, dated 8 Mar 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, 30 May 14.
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