RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03976
INDEX CODE: 137.00
COUNSEL: RICK GATES
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The supplemental portion of his Survivor Benefit Plan (SSBP) coverage
be terminated and that the premiums be refunded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The instructions he received with his election package were confusing
to the point that he elected SSBP, believing his payments for SSBP
would not begin until he reached age 62, the age that SSBP would
actually benefit his former spouse.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
In October 1996, prior to the applicant’s 60th birthday, ARPC’s
Retirement Branch sent him a SBP/SSBP Information Package and a DD
Form 2656, coverage election form. The applicant elected SSBP
coverage.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends denial. DPS states that there is no evidence that
the member was miscounseled or misinformed regarding his election of
RCSBP. Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant disagrees with the information provided in the ARPC/DPS
advisory and feels that he is not being treated fairly. His original
intent was only to provide better RCSBP coverage for his ex-spouse.
His contention is that he was not properly counseled on RCSBP and the
instructions for RCSBP were unclear and completely different from the
instructions attached to the DPS advisory. Consequently he has ended
up paying for two years for a supplemental that offered him nothing
more than what his ex-spouse was to receive anyway. He contends that
because his ex-spouse would have received 55% of his pay until she
turned 62 anyway, why would he pay for a supplemental for those two
years prior to his ex-spouse actually reaching age 62. He concludes
that he wants to retain the regular RCSBP but would like to cancel the
RCSBP supplemental and recoup the monies he has paid for the
supplemental to date. (Exhibit E)
_________________________________________________________________
ADDITIONAL AIR FORCE EVALUATION:
HQ ARPC/DPS recommends denial. DPS reaccomplished their original
evaluation and now correctly state the applicant’s request to withdraw
from SSBP and not RCSBP. In accordance with Title 10 United States
Code (U.S.C.), there is no provision where the member can change an
election after the 30-day period following his election. Section
1448a of Title 10 states that the member may elect, between his 2nd
and 3rd anniversary of drawing retired pay, to discontinue coverage.
DPS states that there is no evidence that the member was miscounseled
or misinformed regarding his election of RCSBP.
DPS’s complete evaluation is at Exhibit F.
_________________________________________________________________
APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION:
A copy of the additional Air Force Evaluation was forwarded to the
applicant on 30 May 2003, for review and comment within 30 days. As
of this date, this office has received no response.
_________________________________________________________________
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 his uncorroborated assertions of miscounseling and confusing
instructions, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. Therefore, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden of having
suffered either an error or injustice. Therefore, in the absence of
persuasive 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 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 BC-
2002-03976 in Executive Session on 26 June 2003, under the provisions
of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Ms. Kathleen F. Graham, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Dec 02, w/atch.
Exhibit B. Letter, ARPC/DPS, dated 6 Jan 03.
Exhibit C. Letter, SAF/MRBR, dated 17 Jan 03.
Exhibit D. Letter, Rebuttal, dated 5 Feb 03, w/atchs.
Exhibit E. Letter, AFBCMR, dated 7 Apr 03.
Exhibit F. Letter, ARPC/DPS, dated 19 May 03.
Exhibit G. Letter, SAF/MRBR, dated 30 May 03.
JOSEPH A. ROJ
Panel Chair
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