RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05028
		
		COUNSEL:  NONE
	(DECEASED SERVICE MEMBER)
		HEARING DESIRED:  NO
		
	(APPLICANT)

________________________________________________________________

APPLICANT REQUESTS THAT:

Her spouse’s records be corrected to reflect she submitted a 
timely request for her Reserve Component Survivor Benefit Plan 
(RCSBP) annuity.

________________________________________________________________

APPLICANT CONTENDS THAT:

Although her husband elected Option C, Immediate Annuity, under 
the RCSBP, she was told at the time of his death that she would 
not be eligible to receive the annuity until his 60th birthday.

In support of her request, the applicant provides copies of 
documents extracted from the service member’s military personnel 
records, marriage certificate, and the service member’s death 
certificate.

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

_________________ ______________________________________________

STATEMENT OF FACTS:

The applicant is the spouse of a deceased service member.

On 15 Jul 92, the service member was honorably discharged from 
the South Carolina Air National Guard and was transferred to Air 
Reserve Personnel Center on 16 Jul 92.  On 17 Jul 92, he was 
transferred to Retired Reserve List.

On 9 Feb 93, the service member elected RCSBP, Option C 
(immediate annuity) for spouse and child coverage based on full 
retired pay.

The service member passed away on 22 Nov 02.

?
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.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPTT recommends granting the requested relief indicating 
the applicant was erroneously briefed on the eligibility 
criteria to receive the RCSBP annuity.

The applicant notified ARPC of her husband’s death.  The Defense 
Finance and Accounting Service (DFAS) forwarded the annuity 
forms to the applicant requesting they be completed and returned 
by 24 Jan 03, in order for her to start receiving the annuity.  
DFAS was unable to start the annuity because they did not 
receive the completed forms within the six year statute of 
limitations under the Barring Act.

A complete copy of the ARPC/DPTT evaluation, with attachments, 
is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 14 Dec 12 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit C).

________________________________________________________________

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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  The 
applicant contends she was not properly briefed on when to 
submit her claim for the RCSBP annuity.  We took notice of the 
applicant's complete submission in judging the merits of the 
case and find she has provided sufficient documentation 
reflecting she was not properly counseled as to when she could 
apply for the RCSBP annuity.  Furthermore, we note the 
recommendation of the Air Force office of primary responsibility 
and concur with their findings.  Therefore, we recommend the 
applicant’s records be corrected to the extent indicated below.

________________________________________________________________
THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the DECEASED FORMER MEMBER be corrected to 
show that on 23 January 2003, his widow, 
submitted a claim for benefits under the Reserve Component 
Survivor Benefit Plan (RCSBP).

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-05028 in Executive Session on 31 Jul 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

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

	 Exhibit A.  DD Form 149, dated 25 Oct 12, w/atchs.
	 Exhibit B.  Applicant's Master Personnel Records.
	 Exhibit C.  Letter, ARPC/DPTT, dated 7 Dec 12, w/atchs.
	 Exhibit D.  Letter, SAF/MRBR, dated 14 Dec 12.




                                   
                                   Panel Chair