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Decision Text

AF | BCMR | CY1998 | 9703033
Original file (9703033.pdf) Auto-classification: Denied
.____ ... .... .... 

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 



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