RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2013-00645
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His record be changed to show he elected spouse coverage under
the Reserve Component Survivor Benefit Plan (RCSBP).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He retired in June 1997 and does not recall receiving an SBP
package. He has been diagnosed with cancer and desires that his
spouse receive his retirement.
In support of the applicants appeal, he provides a personal
letter.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The Defense Enrollment Eligibility Reporting System (DEERS)
reflects the decedent died on 6 May 2013.
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.
________________________________________________________________
_
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states the applicant had
opportunities to participate in the RCSPB and did not elect to
participate.
The DPTT complete evaluation, with attachments, is at Exhibit B.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicants spouse states that her husband has passed away.
She states with each election period he was not married. In May
1997, he was separated from his former spouse and the final
decree became available on 22 October 1998. Therefore, in May
he did not make an election. Between 1 March 1999 and 29
February 2000, and 1 October 2005 and 30 September 2006, he did
not make an election because he was not married. She further
states they have three children who as of 31 May 2013 have been
without health care coverage benefits due to the death of her
spouse.
The applicants spouses response is at Exhibit D.
________________________________________________________________
_
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 an injustice. After a
thorough review of the evidence of record and applicants
submission, we are not persuaded that the deceased members
records should be altered so that his spouse would receive an
RCSBP annuity. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Although we are sympathetic to the situation, in the absence of
evidence to the contrary, we find no compelling 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 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.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-00645 in Executive Session on 7 November 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 January 2013, w/atch.
Exhibit B. Letter, ARPC/DPTT, dated 11 March 2013.
Exhibit C. Letter, SAF/MRBR, dated 15 March 2013.
Exhibit D. Letter, Applicant, dated 23 May 2013.
2
3
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 | 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 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 | CY2013 | BC 2013 05023
DPTT states they should have given the former service member an opportunity to correct the ARPC Form 123 he submitted at the time he made his election. Title 10 Subsection 1448 (a) (3) (A) and Section IX on the form, A married person who is eligible to provide standard annuity may not without the concurrence of the persons spouse elect not to participate in the Plan. ARPC failed to notify the service member to make corrections and updated his election in error. Exhibit F. Affidavits,...
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 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 | 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 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 05185
APPLICANT CONTENDS THAT: He made his RCSBP election when he entered retired status. 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 for our conclusion that the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. THE BOARD DETERMINES THAT: The applicant be...
AF | BCMR | CY2013 | BC 2013 04980
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). On 18 Oct 98, the service member submitted his ARPC...