RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01011
INDEX CODE 137.03
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) coverage be stopped immediately.
___________________________________________________________________
APPLICANT CONTENDS THAT:
It was never disclosed to him that there would be a charge for SBP.
He was never given a retirement briefing or told about the charge
for SBP. He says the charge is outrageous and the SBP should be
discontinued.
In support of his appeal, applicant provided a personal statement,
and copies of DD Form 2656 (Data for Payment of Retired Personnel)
and DFAS-CL 7220/148 (Retiree Account Statement).
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant’s records indicate he completed 22 years, 3 months, and 7
days of total active federal military service (TAFMS). He retired
effective 1 February 2002 and is currently receiving retired pay.
Other 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:
HQ ARPC/DPP reviewed this application and recommended denial. The
SBP is a program that allows retired members to leave a portion of
their retired pay as a monthly annuity to their beneficiary at the
time of their death. The Reserve Component Survivor Benefit Plan
(RCSBP) allows a member who completes the requirements for Reserve
retired pay at age 60, to leave a portion of their retired pay, as
a monthly annuity, to their beneficiary at the time of their death,
whether before or after age 60. The RCSBP/SBP election cannot be
revoked. However, a member can withdraw from the program during
the one-year period beginning on the second anniversary of the date
on which payment of retired pay begins.
Applicant completed 20 years of satisfactory service and became
eligible for Reserve retirement on 29 November 1985. At that time,
a DD Form 1883, Survivor Benefit Plan Election Certificate, and the
accompanying RCSBP information package was mailed to him. The
package contained the form as well as information on how to compute
the cost of the RCSBP. He completed the form to provide coverage
for spouse only based on the full amount of retired pay. His
election was received by HQ ARPC on 2 May 1986.
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. The applicant made an SBP election for
his spouse when he applied for retired pay to be effective
1 February 2002. DD Form 2656, Data for Payment of Retired
Personnel, was sent to ARPC with his retirement application. In
addition, the form instructs members to “See your Survivor Benefit
Counselor before making an election.” The DD Form 2656 was
properly completed, signed, witnessed and accepted as a valid SBP
election.
Applicant did not receive a retirement briefing by the military
personnel flight (MPF). However, he did receive SBP cost
information when he elected RCSBP coverage in 1986. Since his
forms were completed properly, there was no reason to question the
validity of the SBP election or whether he was properly counseled
regarding SBP and the cost incurred.
By law, he will have the one-year period to withdraw from the
program beginning on the second anniversary of receipt of his
retired pay.
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 17 May 2002 for review and comment 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 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.
4. Notwithstanding the above, 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 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 AFBCMR Docket Number
02-01011 in Executive Session on 16 August 2002, under the
provisions of AFI 36-2603:
Mrs. Barbara A. Westgate, Chair
Mr. Joseph A. Roj, Member
Mr. Roscoe Hinton Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Mar 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 8 May 02, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 17 May 02.
BARBARA A. WESTGATE
Chair
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