RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-03633
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he elected Option B (Deferred
Annuity) or C (Immediate Annuity) under the Reserve Component Survivor
Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he made his RCSBP election, he was going through a divorce and
elected Option A (Decline Election until Age 60). However, he was not
advised regarding the limitations if he remarried. He remarried in June
2000 and would like to provide coverage for his wife.
The applicant’s complete submission, with attachments, is 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 (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends the application be denied and states, in part, that the
applicant failed to make an election despite having an eligible spouse
beneficiary, and will have another opportunity to make an election at age
60. The applicant was notified of his eligibility to participate in the
RCSBP by certified mail. The election package clearly stated, “If you have
an eligible beneficiary (spouse and child) and do not elect coverage for
them at this time and later acquire a new spouse or an additional child you
cannot elect coverage for them.” The applicant did not make an election
and at the end of 90-day suspense for doing so, he was automatically
enrolled in Option A, Deferred Election.
The ARPC/DPS evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 22 February 2002 for review and response within 30 days. However, 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 error or injustice. After a thorough review of the evidence
of record and applicant’s submission, we are not persuaded that relief
should be granted. Applicant’s contentions are duly noted; however, we do
not find these assertions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. The office of primary
responsibility has adequately addressed applicant’s contentions and we
agree with their opinion and we adopt the rationale expressed as the basis
for our decision that the applicant has failed to sustain his burden that
he has suffered either an error or an injustice. Hence, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of 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 Docket Number 01-03633 in
Executive Session on 16 August 2002, under the provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 12 Feb 02, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 22 Feb 02.
BARBARA A. WESTGATE
Chair
AF | BCMR | CY2002 | BC-2002-00078
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