RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03215
INDEX NUMBER: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to change his Survivor Benefit Plan (SBP) option from
no coverage to option C, immediate coverage.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter
prepared by the appropriate office of the Air Force at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
On 7 January 2002, HQ ARPC/DPP reviewed this application and
recommended denial. Based on the evidence of record, a Reserve
Component Survivor Benefit Plan (RCSBP) package was sent to the
applicant and signed for on 3 August 1981; he was given a 90-day
suspense. Since he did not reply within the 90-day timeframe, he
was given no coverage. On 23 April 2001, the applicant was sent a
Reserve retired pay package, along with a supplemental information
package concerning SBP. The package explained the coverage
available and how to calculate the estimated cost involved, and
also included a toll-free number in case the applicant had any
questions.
Applicant completed the DD Form 2656, Data for Payment of Retired
Personnel, on 23 May 2001, and it was received at HQ ARPC on
11 June 2001. His spouse concurred with declination of coverage,
and he started drawing retired pay on 17 July 2001. Under the
provisions of Title 10, USC, Section 1448, Chapter 73, “the
election must occur prior to the 60th birthday and his spouse must
concur with the declination of coverage,” as happened in the
applicant’s case.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 18 January 2002 for review and comment within 30 days. As of
this date, no response has been received by this office (Exhibit
D).
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 office of primary responsibility 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
AFBCMR Docket Number 01-03215 in Executive Session on
23 April 2002, under the provisions of AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Ms. Patricia D. Vestal, Member
Mr. Roscoe Hinton Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Aug 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 7 Jan 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 18 Jan 02, w/atchs.
DAVID C. VAN GASBECK
Panel Chair
_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPP, stated that the member began drawing Air Force Reserve retired pay effective 5 Aug 93, his 60th birthday, until his death on 18 Jul 98. A complete copy of this evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and...
The Reserve Component Survivor Benefit Plan (RCSBP) information package sent to the former servicemember, when he was initially eligible to establish survivor coverage on the applicant’s behalf, specifically advised the member that his RCSBP election certificate had to be received by the Air Reserve Personnel Center (ARPC) within 90 days of receipt of the package at his home. A review of the evidence submitted does not reveal that the deceased member was provided inadequate information...
An election not to participate in the SBP is irrevocable if not revoked before the date on which the member first becomes entitled to retired pay. 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 office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Exhibit E. Letter,...
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At the end of his 90-day suspense the applicant was automatically enrolled in Option C, “Immediate coverage for spouse.” ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPS recommends denial. The RCSBP package that was sent to the applicant stated “if the completed ARPC Form 123 is not received at the Reserve Center or postmarked within 90 calendar days of receipt of this package at residence or current mailing address, the member is considered...
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However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit...
However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit...
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-01652 INDEX CODE: 137.04 COUNSEL: NONE HEARING DESIRED: YES ___________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to allow his participation in the Reserve Component Survivor Benefit Plan (RCSBP). After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that relief is...