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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