RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05695
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her deceased husbands records be corrected to reflect that he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP).
APPLICANT CONTENDS THAT:
Although her deceased husband did not identify a beneficiary for his RCSBP at the time of his retirement, she is sure he would have made her his beneficiary had it not been for his unexpected untimely death. The Department of Veterans Affairs (DVA) in a rating decision regarding her deceased husbands benefits, listed service connection for the cause of death.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 8 Jan 03, the deceased former member was assigned to the retired reserve section and placed on the Air Force Reserve retired list.
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. On 4 Feb 98, the member was notified regarding his eligibility to participate in the RCSBP via certified mail. He had 90 calendar days from the date of notification to make an RCSBP election. Records indicate that he did not make an election within the required time period prescribed by U.S.C. Title 10 Subsection 1448; therefore, on 5 May 99, he was automatically enrolled under Option A, "Decline To Make An Election Until Age 60." The deceased former member divorced his former spouse on 3 Aug 07, and married the applicant on 27 Dec 08. Neither the deceased former member nor the applicant notified ARPC of the marital status change in accordance with 10 U.S.C., subsection 1448, (a)(5)(B). On 7 Jul 10, at the age of 55, the member passed away. Based on the information provided, the applicants request should be disapproved.
A complete copy of the ARPC/DPTT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 27 Jan 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 error or injustice. While we find the applicants circumstances regrettable, she has not provided evidence of any error on part of the Air Force. Based on the evidence before us it appears the deceased service member was properly notified and given the opportunity to provide immediate coverage for the applicant under the RCSBP but failed to do so. As such, we do not find the applicant is being treated any differently than others similarly situated and is not the victim of injustice. Therefore, 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 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-2013-05695 in Executive Session on 22 Nov 14 under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Dec 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTT, dated 14 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Jan 14.
AF | BCMR | CY2013 | BC 2013 04553
However, the deceased former member was married to someone other than the applicant at the time of his death. On 6 Jun 02, the deceased former member made an RCSBP election for Option C, Immediate Annuity for spouse only coverage. The applicant claimed that the deceased former member assured her several times that he had designated her as a former spouse under RCSBP, but the required action was not accomplished in compliance with law.
AF | BCMR | CY2013 | BC 2013 05388
APPLICANT CONTENDS THAT: Her deceased husband and she thought they had complied with the marriage reporting requirements of the Reserve Component Survivor Benefit Plan (RCSBP), when their marriage data was entered in the Defense Enrollment Eligibility Reporting System (DEERS) upon being issued new military ID cards on 4 Feb 11, less than two months after being married on 16 Dec 10. ARPC/DPTT has no record of the deceased member or his spouse reporting the marital change within the required...
AF | BCMR | CY2011 | BC-2011-00700
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00700 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husbands records be corrected to reflect that he made an election for spouse coverage with immediate coverage based on full retired pay under the Reserve Component Survivor Benefit Plan (RCSBP). The remaining relevant facts pertaining to...
AF | BCMR | CY2013 | BC 2013 00351
DPTT states that on 29 July 1996, ARPC attempted to notify the member of his eligibility to make an RCSBP election; however, the package mailed to the member was returned undeliverable. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 February 2013, for review and comment within 30 days (Exhibit D). Exhibit C. Letter, SAF/MRBR, dated 24 Feb 13.
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 | CY2011 | BC-2011-00302
In support of her request, the applicant provides an expanded statement and copies of a divorce decree, power of attorney, and DD Form 2293, Application for Former Spouse Payments from Retired Pay. The divorce did not award the former spouse coverage under the RCSBP; however, neither the member nor his former spouse deemed an election for former spouse coverage under the RCSBP. The applicant contends that her deceased former husbands Parkinsons disease impacted his ability to make a...
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 04887
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). On 22 February 2000, APPLICANT, submitted a timely and effective claim for a survivor benefit annuity. Exhibit C. Letter, SAF/MRBR, dated 2 May 2014.
AF | BCMR | CY2013 | BC 2012 05091
________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the deceased service member be corrected to show that on 31 Dec 02, he elected spouse only Survivor Benefit Plan (SBP) coverage based on full retired pay. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05091 in Executive Session on...
AF | BCMR | CY2012 | BC-2012-02001
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 B. Further, although the law currently provides automatic coverage for a spouse if the member fails to provide coverage or the spouse does not agree with the decision, no such provisions existed at the time of the member’s eligibility to enroll in the program. ...