RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00961
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
Her deceased husbands records be corrected to reflect he elected immediate annuity for spouse only coverage under the Reserve Component Survivor Benefit Plan (RCSBP).
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APPLICANT CONTENDS THAT:
She witnessed when her late husband signed and mailed the ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, designating her as beneficiary. Yet, the system has him annotated as a non-respondent. They were married for 39 years and have always spoken of her being the recipient of his retirement benefits upon his demise.
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. She just recently was made aware that she could have his records corrected.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
On 14 March 1994, the applicant was relieved from his reserve assignment and transferred to the Retired Reserve to await reserve retired pay at age 60.
On 3 February 2008, the decedent passed away at 57 years of age.
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.
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AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, indicating the decedent was notified of his eligibility to participate in the RCSBP by certified mail which he acknowledged on 11 February 1994. He made no election and was automatically enrolled in Option A, Defer to make election until age 60. Although the applicant indicated the decedent made a valid RCSBP election and returned the ARPC Form 123, there is no record of his submission. There were also open enrollment seasons during 1 March 1999 through 29 February 2001 and 1 October 2005 through 30 September 2006 in which the decedent could have upgraded his election. However, there is no record that he elected participation in RCSBP during either timeframe. In view of the fact the decedent was eligible for retired pay at age 60, the applicant is eligible for an Identification Card, Base-Exchange and Commissary privileges. She is also eligible to apply for medical and dental benefits through the TRICARE program. In addition, she also may be eligible for benefits through the Veterans Administration.
A complete copy of the ARPC/DPTT evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 3 May 2013 for review and comments within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00961 in Executive Session on 7 November 2013, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 February 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 17 April 2013.
Exhibit D. Letter, SAF/MRBR, dated 3 May 2013.
Panel Chair
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