.____ ... .... ....
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NUMBER: 97-03033
JUL 2 4
COUNSEL: None
HEARING DESIRED: No
Applicant requests corrective action that would entitle her to a
refund of premiums her late husband paid into the Retired
Serviceman's Family Protection Plan (RSFPP) .
Applicant's
submission is at Exhibit A.
The appropriate Air Force office evaluated applicant's request
and provided an advisory opinion to the Board recommending the
application be denied (Exhibit C) .
The advisory opinion was
forwarded to the applicant for review and response (Exhibit D).
As of this date, no response has been received by this office.
After careful consideration of applicant's request and the
available evidence of record, we find insufficient evidence of
error or injustice to warrant corrective action. The facts and
opinions stated in the advisory opinion appear to be based on the
evidence of record and have not been adequat'ely rebutted by
applicant.
Absent persuasive evidence applicant was denied
rights to which entitled, appropriate regulations were not
followed, or appropriate standards were not applied, we find no
basis to disturb the existing record.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
will only be reconsidered upon the presentation of new relevant
evidence which was not reasonably available at the time the
application was filed.
-
. - -
Members of
Westgate,
application
Air Force
U.S.C. 1552.
the Board Mr. Henry C. Saunders, Mrs. Barbara A.
and Mr. David C. Van Gasbeck considered this
on 16 July 1998 in accordance with the provisions of
Instruction 36-2603, and the goyerning spatute, 10,
Exhibits :
A. Applccant's DD Form 149
B. Available Master Personnel Records
C. Advisory Opinion
D. AFBCMR Ltr Forwarding Advisory Opinion
E. Applicant's Response
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCIOPPTR
550 C Street West Ste 11
Randolph A f 6 TX 78150-471 3
SUBJECT; Application for Correction of Military Records
Requested Correction: The applicant is requesting corrective action that would entitle
her to a refund of premiums her husband paid into the Retired Serviceman's Family Protection
Plan (RSFPP).
Basis for Request: The petitioner claims she and the member were informed she would
receive the RSFPP.
Backaround: Public Law (PL) 87-381 , which established the RSFPP and was in effect
when the member retired, did not allow spouse coverage to be transferred to another person
upon the death or divorce of the original beneficiary. The law, however, provided an option that
allowed the member to terminate RSFPP premium payments in the event the beneficiary lost
eligibility.
- Facts: Prior to the member's 1 Mar 69 retirement, he elected spouse only RSFPP
coverage (with option 4). The member an-
divorced on 29 Nov 72; however, there is
no record that he submitted a request to terminate his RSFPP premiums following divorce. He
married the applicant on I 1 Jun 73 and enrolled in the Survivor Benefit Plan (SBP) for spouse
coverage, reduced annuity, during the initial enrollment period authorized by PL 92-425. The
applicant became an eligible beneficiary on the second anniversary of their marriage
(1 1 Jun 75). The member died on 29 Jan 96 and the applicant is receiving an SBP annuity.
Discussion: The erroneous information the Air Force Accounting and Finance Center
(AFAFC) sent to the member on 11 Sep 73 may have resulted from the member's failure to
notify them that he had divorced following his retirement. Although the member's 19 Sep 73
SBP election certificate reflected the applicant's name and their date of marriage, AFAFC
received thousands of open enrollment elections and it was impossible to cross-check each
application with information already in their files. In addition, articles periodically published in
the Afterburner, USAF News For Retired Personnel (sample attached) informed retirees that
only family members who were dependent on the member on the date of retirement could be
covered under the RSFPP. It is unfortunate the member did not realize there was no RSFPP
coverage in force and he could have terminated his premiums simply by submitting a copy of
his divorce decree to AFAFC. However, his failure to do so is not a part of his military record
that can be corrected.
Recommendation: We recommend the case be returned to the applicant without action.
It should be noted that the applicant may submit a claim to the Defense Finance and
Accounting Service - Cleveland Center (DFAS-CL) and apply for a refund of RSFPP premiums
paid by the member after his divorce (subject to the Barring Act).
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Management
There were no provisions in the law at that time to notify spouses if the servicemember did not elect coverage. There is no evidence that the servicemember elected SBP during any of the authorized open enrollments. Exhibit C. Letter, SAF/MRBR, dated 26 Apr 02.
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