RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02891
INDEX CODE: 137
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to participate in the Reserve Component Survivor Benefit
Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant states that he misunderstood the suspense date on the front
of the RCSBP benefit package envelope. He states that he was advised
of the incorrect return date by Headquarters Air Reserve Personnel
Center (ARPC) staff and that he was not aware of the May 98 change to
the benefit plan selection process.
In support of his request, applicant submits his benefit package
envelope, a letter to his congressman, a copy of the ARPC Form 123
(RCSBP Election Certificate), an RCSBP Computation Worksheet, and a
letter from the postal service.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Air Force indicated that a certified package notifying the
applicant of his eligibility to participate in the RCSBP was sent to
his current home address and signed for by C. S--- on 27 Jun 98.
_________________________________________________________________
AIR FORCE EVALUATION:
The Deputy Director of Customer Assistance, ARPC/DR, reviewed this
application and indicates that the applicant states that he
misunderstood the suspense date on the front of the RCSBP benefit
package envelope. The date he refers to is a “return date of 7/12”
which was applied to the envelope by the postal authorities and does
not apply to the 90-day time limit established by law. He also states
that he was advised of an incorrect return date by ARPC staff.
Unfortunately, DR cannot confirm this conversation; however, the
package was signed for on 27 Jun 98 not 25 Jun 98, the date he claims
ARPC personnel told him his package was signed for. Had ARPC received
his election on 25 Sep 98, it would have been accepted and processed.
Further, while he states that he was not given the information
necessary to make an informed decision, the RCSBP package sent to him
contained very detailed information to help him and all Air Reserve
members make an informed decision. Applicant refers to an unofficial
publication that outlined a May 98 change in law; however, DR did not
receive the reference as an attachment as indicated in applicant’s
letter. DR believes that he is referring to the SBP discontinuation
law effective 18 May 98 which allows Reserve retirees a one-year
window to exit SBP between their 62nd and 63rd birthday. The
requirement that a member submit an election within 90 days of receipt
is established by Section 1448(a)(2)(B), Title 10, United States Code
(USC). The applicant remains eligible to participate in the SBP when
he reaches age 60 and also during the open enrollment period that is
slated to begin on 1 Mar 99. DP recommends denial of the applicant’s
request.
A complete copy of the Air Force evaluation, with attachments, is
attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to applicant
on 30 Nov 98 for review and response within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
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 complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
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.
________________________________________________________________
The following members of the Board considered this application in
Executive Session on 26 May 1999, under the provisions of AFR 31-3:
Mrs. Barbara A. Westgate, Panel Chair
Ms. Ann L. Heidig, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Oct 98, w/atchs.
Exhibit B. Letter, ARPC/DR, dated 12 Nov 98, w/atchs.
Exhibit C. Letter, AFBCMR, dated 30 Nov 98.
BARBARA A. WESTGATE
Panel Chair
_________________________________________________________________ APPLICANT CONTENDS THAT: Her spouse signed for the election package and it was never received by her. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...
APPLICANT CONTENDS THAT: Upon her late husband’s retirement, he completed the SBP Election Certificate and elected Option A to decline to make an election at that time, but to remain eligible to make an election for coverage at age 60. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that her late husband’s records should be modified to allow participation in the RCSBP. The following members of the Board considered this application...
98-00223 AIR FORCE EVALUATION: The Deputy Director of Customer Assistance, ARPC/DR, reviewed this application and states that the member states that when he received the RCSBP information it was close to his Continuous Active Military Service Date and he incorrectly interpreted the suspense date to be 90 days from that date. 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...
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,...
APPLICANT CONTENDS THAT: Her deceased husband planned to take his Air Force retirement at age 60. 6 98-01709 On 28 December 1981, ARPC/DPAAR notified the spouse of the deceased member that an RCSBP election had not been received by the deadline and informed her that RCSBP coverage was not in effect and no further election could be made until the member reached age 60. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE MATTER OF: DOCKET NUMBER: 98-01942 COUNSEL: NONE HEARING DESIRED: NO - I#(rJ1%19ss APPLICANT REQUESTS THAT: He be permitted to make an election to participate in the Reserve Component Survivor Benefit Plan (RCS'BP) . A complete copy of the Air Force evaluation is attached at Exhibit C . We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 99-00094 137.02 (Deceased) COUNSEL: None HEARING DESIRED: Yes _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s records be corrected to show he elected spouse only coverage in the Reserve Component Survivor Benefit Plan (RCSBP) when he was first eligible. A copy of the complete Air Force evaluation, with attachment, is...
This letter also advised applicant of his eligibility to elect coverage under the RCSBP. They receive a package from the Air Reserve Personnel Center (ARPC) which covers all aspects of the plan. Exhibit D. Letter, AFBCMR, dated 12 May 97.
AF | BCMR | CY2002 | BC-2002-01011
He retired effective 1 February 2002 and is currently receiving retired pay. By law, once a member completes 20 years of TAFMS and applies for retired pay, the RCSBP election is no longer valid and the member must make an SBP election. However, he did receive SBP cost information when he elected RCSBP coverage in 1986.
He retired effective 1 February 2002 and is currently receiving retired pay. By law, once a member completes 20 years of TAFMS and applies for retired pay, the RCSBP election is no longer valid and the member must make an SBP election. However, he did receive SBP cost information when he elected RCSBP coverage in 1986.