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AF | BCMR | CY1998 | 9703799
Original file (9703799.pdf) Auto-classification: Denied
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.  Applicant I  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  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. 
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 applicant's case is adequately documented-and it has not been 
shown  that  a  personal  appearance  with  or  without  counsel will 
materially  add  to  our  understanding  of  the  issues  involved. 
Therefore, the request for a hearing is not favorably considered. 
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  the  Board  Mr.  Henry  C.  Saunders,  Mrs.  Barbara  A. 
Westgate,  and  Mr.  David  C.  Van  Gasbeck  considered  this 
application on 16 July  1998 in accordance with  the provisions  of 
Air  Force  Instruction  36-2603  and  the  governing  statute,  10 
U.S.C. 1552. 

/ 

/ 

Exhibits: 

/ 

A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR Ltr Forwarding Advisory Opinion 

DEPARTMENT  OF  THE  AIR  FORCE 

HEADQUARTERS  AIR  RESERVE  PERSONNEL  CENTER 

MEMORANDUM  FOR AFBCMR 
FROM:  HQ ARPC/DR 

6760 E Irvington Place #3000 
Denver CO  80280- 3000 

- 

1.  The requested correction cannot be accomplished 
administratively at this headquarters. 

2 .   The member is requesting that her record be changed to show 
she declined to participate in the Reserve Component Survivor 
Benefit Plan (RCSBP) when she was first eligible. 

3.  The following is an analysis of the circumstances surrounding 
the case: 

a.  The member made an election for spouse only with full, 

immediate coverage  (Option CA), effective 27 Jun 95. 

b.  The member states that at the time she made her election 
under the RCSBP, she was erroneously counseled by her MPF as to 
the options and irrevocability of the election.  She also makes 
several references to Air Force Instruction (AFI) 36-3006, 
Survivor Benefit Plan  (SBP)  and Supplemental Survivor Benefit 
Plan  (SSBP).  This A F I   pertains to SBP, an active duty program 
that is different from RCSBP.  It does not include detailed 
information on the RCSBP.  Air Force Reserve and Air National 
Guard members receive an RCSBP package directly from the Air 
Reserve Personnel Center  (ARPC) approximately 30 days after 
receiving their Notification of Eligibility for Retired Pay at 
Age 60 Letter. 

4.  The member was mailed complete information to make an RCSBP 
election.  This package covers all aspects of the plan, including 
how to fill out the ARPC Form 123 and  the irrevocability of an 
election in accordance with Title 10, United States Code, Section 
1448.  The package also contained phone numbers for her to 
contact if she had any questions or needed any assistance in 
preparing elections. 
There are no provisions of law to allow 
withdrawal from the RCSBP. 

- 

5.  Recommendation:  Recommend the member‘s  request be denied. 
The member was provided all the necessary information to make an 
informed decision.  If the decision is to grant the relief 
sought,  the member’s record should be corrected to show she 
declined RCSBP coverage  (Option A) effective 22 Jun  95. 
6.  Action officer is Mr. Marvin  Silva, HQ ARPC/DRSE,  DSN  926- 
6438.  He can a l s o   be reached by fax at  DSN  926-6357 and by 
e-mail at msilva@arpcmail.den.disa.mil. 

9703799 

. . . . .  . . . .. . 



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