RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00109
		INDEX CODE:137.04
		COUNSEL:  

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Retirement benefits from 3 March 2000 and survivor benefits commencing 22 October 2001 be paid to the former member’s widow.   

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APPLICANT CONTENDS THAT:

The former member had completed but did not submit a retirement benefits application.  

In support of his appeal, applicant, brother of the deceased former member, provides correspondence regarding the former member’s application for direct deposit for retired pay, a copy of DD Form 2656, Data for Payment of Retired Personnel and a copy of the Certificate of Death.  

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. 

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AIR FORCE EVALUATION:

ARPC/DPP recommends the application be denied.  DPP states that the former member completed the application for Reserve retired pay at age 60 but never submitted the forms for processing.  DPP states that to apply for Reserve retired pay, a member must complete an ARPC Form 0-69, Application for Retired Pay, and submit the form to the ARPC for processing.  DPP further states that in order to establish survivor benefit coverage under the Survivor Benefit Plan, a member must complete Section IX of the DD Form 2656 and submit the form to ARPC. DPP states that the form was sent to the member on 14 February 2000; however, there is no indication in the former member’s record the form was ever received at APRC.  DPP states that although the applicant states he found the completed DD Form 2656 in the former member’s papers it is not valid because the member’s signature was not witnessed in Section XII, Item number 33, and the form was never received at ARPC.  

The DPP evaluation is at Exhibit B.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded by stating that he does not contest the procedural rules, he questions the inequitable result of these rules.  The applicant is in disbelief that our government is in effect telling its veterans that if you do not dot all your “i”s and cross all your “t”s before you die, you will not receive the contracted benefits for your years of service.  In closing, the applicant states that equity demands that retirement/survivor's benefits be allowed as requested. 

A complete copy of the applicant’s response is at attachment 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of injustice.  The applicant asserts that his brother, the former member, was not of sound mind due to a severe mental incapacity; therefore, he did not apply for and elect retirement and survivor benefits.  The Air Force Reserve office of primary responsibility notes that to apply for Reserve retired pay a member must complete and submit the form to the Air Reserve Personnel Center (ARPC) for processing.  Additionally, in order to establish survivor benefit coverage under the Survivor Benefit Plan the former member’s signature must be witnessed and the form sent to ARPC for processing.  We find it difficult to believe that any reasonable member, of sound mind, would have acted in a manner so contrary to their best interests by not responding in some fashion to the notification, rather than lose these entitlements, which he had earned.  Notwithstanding the fact that the forms were not returned to ARPC, we believe there is some doubt as to whether the applicant was of competent mental capacity to make such a decision and, therefore, he should be afforded the benefit of the doubt in this matter.  Accordingly, it is our opinion his records should be corrected in the following manner.  

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to FORMER MEMBER be corrected to show that:

		a. On 25 February 2000, he applied for Reserve Retired Pay, effective 3 March 2000, and his request was approved by competent authority.  

		b. On 25 February 2000, he elected spouse coverage under the Survivor Benefit Plan, based on full retired pay. 

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The following members of the Board considered this application in Executive Session on 10 July 2002, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 02, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 24 Apr 02 w/atchs.
    Exhibit C.  Letter, SAF/MIBR, dated 10 May 02.
    Exhibit D.  Letter, Applicant, dated 21 May 02 w/atchs.

								

AFBCMR 02-00109

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to                    , be corrected to show that:

		b. On 25 February 2000, he applied for Reserve Retired Pay, effective 3 March 2000, and his request was approved by competent authority.  

		c. On 25 February 2000, he elected spouse coverage under the Survivor Benefit Plan, based on full retired pay.