RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00078

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reserve  Component  Survivor’s  Benefit  Plan  (SPB)  coverage  be
deleted.
_________________________________________________________________

APPLICANT CONTENDS THAT:

When he remarried on 12 Mar 99, he  advised  ARPC  of  his  change  in
marital status and was never counseled by ARPC that he had a  year  to
cancel his SBP benefit coverage on his new  spouse.   He  was  led  to
believe that his SBP coverage was still in a cancelled  mode  per  his
notification from Mrs.  M___  in  92.   During  his  entire  telephone
conversation with ARPC, nothing was  ever  said  about  canceling  SBP
benefits again since he was now remarried. He had never  received  any
written  communications  or  instructions  from  ARPC  concerning  any
required SBP actions on his behalf since remarrying.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was notified of his eligibility to  participate  in  the
Reserve Component Survivor Benefit Plan  (RCSBP)  when  he  was  first
eligible in May 85.  He made an election for Option  C,  an  Immediate
Annuity for his spouse on 10 Jun 85.  He was divorced in  Nov  92  and
submitted the paperwork to remove his spouse  as  the  beneficiary  at
that  time.   On  12  Mar  99,  he  remarried.   His  new   wife   was
automatically  covered  under  his  initial  election  on  the   first
anniversary of the marriage.  Member stated he  contacted  ARPC  after
his remarriage and was not counseled that he had one  year  to  cancel
his RCSBP benefit.  He further  stated  he  was  led  to  believe  his
election was still in a “cancelled  mode.”   The  applicant  does  not
indicate with whom he  spoke  with  at  ARPC.   However,  the  package
explaining the RCSBP program, which was received by the member in  May
85 (Atch 3), clearly explains the options  for  changing  an  election
under the RCSBP.

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AIR FORCE EVALUATION:

ARPC/DPS recommended denial.  Member states he  contacted  ARPC  after
his remarriage and was not counseled that he had one  year  to  cancel
his RSBP benefit.  He  further  stated  he  was  led  to  believe  his
election was still in a “cancelled  mode.”   The  applicant  does  not
indicate with whom he spoke at ARPC.  However, the package  explaining
the RCSBP program, which was received by the member in  May  85  (Atch
3), clearly explains the options for changing an  election  under  the
RCSBP.

The ARPC/DPS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


The applicant reviewed the Air Force evaluation and stated  that  ARPC
action dated 30 Dec  92  was  to  delete  his  former  spouse  as  his
beneficiary and dis-enroll him in the RCSBP  when,  in  fact,  neither
action was actually done by ARPC.  His former spouse was  still  shown
as his beneficiary until he discovered the error himself  in  Oct  01.
At that time, he had the Defense Finance and Accounting Service Center
in Cleveland, (Ms H___) to correct this error immediately.  (Reference
atchs 1 and 2).  One could readily draw the conclusion that if his SBP
beneficiary was not changed like the ARPC correspondence dated 30  Dec
92 said that it was then he was never dis-enrolled in the RCSBP as  he
requested at that same time.  The applicant’s complete response in  at
Exhibit E.


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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 an error  or  an  injustice  to  warrant  terminating
applicant’s participation in the SBP. After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that he has been  the  victim  of  either  an  error  or  an
injustice.  Applicant’s contentions are duly noted; however, we do not
find  these  uncorroborated  assertions,   in   and   by   themselves,
sufficiently persuasive to override the rationale provided by the  Air
Force. In fact, the available  evidence  clearly  indicates  that  the
applicant was counseled regarding the eligibility  to  participate  in
the Reserve Component Survivor Benefit Plan.  We therefore agree  with
the recommendations of the Air Force and 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.   In
view of the above and absence persuasive evidence to the contrary,  we
find no compelling basis to recommend granting the relief sought.

4. 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 aniverary 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 an material error or an  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  02-00078
in Executive Session on 25 April 2002, under the provisions of AFI 36-
2603:

                 Mr. Joseph A. Roj, Panel Chair
                 Mr. John E. Pettit, Member
                 Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 30 Dec 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ARPC/DPS, dated 8 Mar 02, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 15 Mar 02.
      Exhibit E. Applicant's response, dated 20 Mar 02.




      JOSEPH A. ROJ
      Panel Chair