RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00842 COUNSEL: NONE (DECEASED) HEARING DESIRED: NO (APPLICANT) ________________________________________________________________ _ APPLICANT REQUESTS THAT: She be paid the sum of her late husband’s retirement pay from his 60th birthday on 3 February 2012 to his death on 17 October 2012. ________________________________________________________________ _ APPLICANT CONTENDS THAT: Her husband should have started receiving retired pay on 3 February 2012 (his 60th birthday). However, due to unknown circumstances, the retirement paperwork was not received and no pay record was established. She is due his retired pay from 3 February 2012 to the date of his death on 17 October 2012. In support of her appeal, the applicant provides a copy of her late husband’s death certificate; his DD Form 149, Certificate of Release or Discharge from Active Duty; his Application for Transfer to the Retired Reserve; and a Reserve Component Survivor Benefit Plan (RCSBP) worksheet. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The decedent is a former member of the Air Force Reserve who transferred to the Retired Reserve effective 21 August 1995 and was eligible to start drawing his retired pay on his 60th birthday, 3 February 2012. He made an RCSBP election for full coverage for his spouse and children. He died on 17 October 2012. The remaining relevant facts are contained in the letter prepared by the Air Force office of primary responsibility (OPR) at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: ARPC/DPTT recommends approval. DPTT states that the record reflects a letter was sent to the member in October 2011 with information on how to apply for his retired pay. However, he died on 17 October 2012, without submitting an application for retired pay. The member was eligible to receive the pay, but for unknown reasons, failed to submit his application for processing. His widow applied for and has been receiving annuity under the RCSBP, which was effective the day following the member’s death. The complete 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 6 April 2013, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ 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 error or injustice. After thoroughly reviewing the evidence in this case, we believe favorable consideration of the applicant’s request is warranted. We note the Air Force office of primary responsibility indicates that the former member was eligible to receive retired pay commencing 3 February 2012, but for unknown reasons, failed to submit his application prior to his death. Since the applicant was indeed eligible to receive retired pay, we agree with the Air Force office of primary responsibility and adopt its rationale that the former member’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 APPLICANT be corrected to show that on 2 February 2012, he applied to receive Reserve retired pay effective the date of his 60th birthday. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00842 in Executive Session on 7 January 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence for AFBCMR Docket Number BC-2013-00842 was considered: Exhibit A. DD Form 149, dated 13 Dec 12, w/atchs. Exhibit C Letter, AFPC/DPTT, dated 29 Mar 13. Exhibit D. Letter, SAF/MRBR, dated 6 Apr 13. 2 3 4