AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-02347
COUNSEL: None
HEARING DESIRED: NO
c.
APPLICANT REQUESTS THAT:
His record be corrected to show he declined to participate in the
Reserve Component Survivors Benefit Plan (RCSBP) when he first
became eligible.
APPLICANT CONTENDS THAT:
He received incomplete and inadequate disclosure prior to
completion of the election form. During communications with an
ARPC Retirement Technician in June 1997, additional facts came to
his attention. The SBP election form which he signed 17 years
earlier was irrevocable.
The dollar amounts could not be
calculated in December 1979 for his pay in 1997, however,
percentages were available and not provided as they should have.
The letter he received from ARPC dated 19 December 1979 indicates
attachments. Atch #2, RCSBP Information, consisted of a short
paragraph in the cover letter and the second paragraph of the
Notification Letter.
There was no mention of it being
irrevocable or the cost to member. He based his decision on
incomplete information that may impact his retirement pay
significantly.
In support of his request, the applicant attached a copy of the
cover letter, the notification letter, his DD Form 1883 (Survivor
Benefit Plan Election Certificate).
His complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
The applicant was notified of his eligibility for participation
in the RCSBP on 19 December 1979. He acknowledged his election
on 28 January 1980. He elected spouse only coverage based on
full retired pay.
AIR FORCE EVALUATION:
The Director of Customer Assistance, ARPC/DR, reviewed the
application and stated that the member was mailed information to
make an RCSBP election.
The package contained complete
information on the RCSBP, including tables with which to
calculate the cost. It explained the percentage of retired pay
the beneficiary could expect to receive in event of member's
death. Both the package and the DD Form 1883, Survivor. Benefit
Plan Election Certificate addressed the irrevocability of an
election. There are no provisions to allow withdrawal from the
RCSBP at this time. The member was provided all the necessary
information to make an informed decision. They recommend denial
of his request.
A complete copy of the evaluation is attached at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and responded that he did
not receive the same information that is described in the letter.
The mail he received is what he attached to his application.
There were no tables or percentages received in the ARPC mail
dated 19 December 1979. He stated that he reviewed the DD Form
1883 which he completed and for the first time read the sentence
stating the SBP is a permanent irrevocable decision. He strongly
and sincerely feels the information received was grossly
insufficient for a member to make a clear lasting decision of
such importance.
Bis complete response is attached at Exhibit E.
THE BOARD CONCLUDES THAT:
The applicant has exhausted all remedies provided by existing
1.
law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. We
took notice of the applicant's contentions of being incorrectly
advised regarding coverage of SBP and that he was not made aware
that his decision was permanently irrevocable. However, the copy
of his election certificate he attached to his application
clearly states the decision is irrevocable and the effect should
be considered very carefully. We have found no evidence that the
applicant was not provided sufficient information to make an
informed decision regarding his RCSBP election. Based on the
above, we believe no basis exists to recommend granting the
relief sought in this application.
2
AFBCMR 97-02347
4. However, Public Law (PL) 105-85 (effective 17 May 1998)
provides an opportunity for retirees to terminate participation
in the SBP beginning on the second anniversary of their receipt
of retired pay. For further information applicant should contact
the Retiree Services Branch (AFPC/DPPTR) at 1-800-531-7502.
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or
injustice; that the application was denied without a personal
appearance; and that the application will only be reconsidered
upon the submission of newly discovered relevant evidence not
considered with this application.
L.
The following members of the Board considered this application in
Executive Session on 21 May 1998, under the provisions of AFI
36-2603 :
Mr. Henry C. Saunders, Panel Chair
Mrs. Barbara A. Weatgate, Member
Ms. Ann L. Heidig, Member
Ms Kay Byrne, Examiner (without vote)
The following documentary evidence was considered:
DD Form 149, dated 5 Aug 97 with atchs.
Applicant's Master Personnel Records.
Exhibit A.
Exhibit B.
Exhibit C. Letter, ARPC/DR, dated 28 Aug 9 7 .
Exhibit D. Letter, AFBCMR, dated 22 Sep 97.
Exhibit E. Applicant's
3
AFBCMR 97-02347
AF | BCMR | CY2004 | BC-2004-00178
___________________________________________________________________ STATEMENT OF FACTS: On 28 Sep 79, the former member executed DD Form 1883, Survivor Benefit Plan Election Certificate, electing no coverage under Option A (Defer). Applicant’s counsel also provided copies of the member’s ARPC Form 0-69 (Application for Retired Pay), and DD Form 2656, which were signed by the member on 26 May 02. Specifically, under Option A, the member declined to make an election at that time,...
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS JUL 2 0 = IN THE MATTER OF: DOCKET NO: 97-03799 COUNSEL: None HEARING DESIRED: Yes Applicant requests her record be changed to show she declined to participate in the Reserve Component Survivor Benefit Plan (RCSBP) when she was first eligible. The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C ) . Accordingly,...
ARMY | BCMR | CY2009 | 20090010144
IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090010144 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants DD Form 2656-11 shows that on 8 January 2009 he verified that he had been notified by DFAS of the requirement to have 360 plus months toward Paid-Up SBP. Effective 1 October 2008, no reduction may be made in the retired pay of a participant in the SBP for any month after the later of : (1) the 360th month for which the participants retired pay is...
ARMY | BCMR | CY2004 | 2004102499C070208
The applicant provides a letter from the U. S. Army Reserve Personnel Command (AR-PERSCOM, formerly ARPERCEN); his Retiree Account Statement effective 25 July 2003; his DD Form 1883; his DD Form 2656; his divorce decree; and his marriage license. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the member’s agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP...
ARMY | BCMR | CY2009 | 20090004231
The applicant requests, in effect, that his military records be corrected by canceling his Survivor Benefit Plan (SBP) election for spouse coverage. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60. However, the option to terminate SBP participation was established in November 1997 and in 1998 Army Echoes would...
ARMY | BCMR | CY2012 | 20120000029
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, his military records be corrected by canceling his Reserve Component Survivor Benefit Plan (RCSBP) participation for spouse coverage. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 to provide an annuity for their survivors should they die before reaching age 60.
ARMY | BCMR | CY2014 | 20140010758
The applicant requests correction of his records to show he elected enrollment in the Reserve Component Survivor Benefit Plan (RCSBP) under Option C (Immediate Coverage) instead of Option A (Deferred Coverage). Once a member elects either option B or option C in any category of coverage, that election is irrevocable. When the applicant received his 20-year letter, he submitted a DD Form 1883 wherein he indicated that he declined to participate in the RCSBP.
ARMY | BCMR | CY2010 | 20100013797
The applicant requests his military records be corrected by changing his Reserve Component (RC) Survivor Benefit Plan (SBP) election from "children only" to "spouse" coverage. A DD Form 1883, dated 7 March 1987, shows the applicant enrolled in the RCSBP for "spouse and children" coverage, option C, full base amount. The applicant married in October 1984 and he had 1 year from his date of marriage to enroll in the RCSBP for spouse coverage.
ARMY | BCMR | CY2003 | 2003083512C070212
APPLICANT REQUESTS: That the effective date of his Survivor Benefit Plan (SBP) coverage be changed from 1 December 1999 to 1 July 2002. The applicant's notification of eligibility for retired pay is dated 22 January 1970. The applicant was a senior warrant officer who served in a Reserve Component in active status during the time the SBP and the RCSBP were established.
ARMY | BCMR | CY2001 | 2001065902C070421
Once a member elects either Options B or C in any category of coverage, that election is irrevocable. The evidence of record shows that the applicant did complete a DD Form 1883 in 1991 enrolling in the RCSBP for spouse and children coverage. Although the applicant may not have been in troop unit at the time, he could have contacted a retirement services officer at the nearest military installation or contacted the Retired Activities Office, U. S. Army Reserve Personnel Center for...