RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00076
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that in 1972, he terminated his
participation in the Retired Serviceman’s Family Protection Plan (RSFPP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He elected to participate in the RSFPP when he retired; however, in 1972
the Survivor Benefit Plan (SBP) came about. When he elected SBP coverage,
he was suppose to terminate his participation in the RSFPP, and failed to
do so. Over the years he has made phone calls regarding this matter;
however, his RSFPP coverage was not terminated until January 2002.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Prior to his 1 June 1968 retirement, the applicant elected spouse and child
coverage under the RSFPP.
During the one-year open enrollment period (1 October 1981 - 30 September
1982) authorized by Public Law 97-35 (PL 97-35), he elected spouse only
coverage; however, he did not request termination of his RSFPP coverage.
Spouse coverage under the RSFPP and SBP continued until September 2002,
when RSFPP coverage was terminated.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPTR recommends the application be denied and states, in part, that
the applicant was required by law to submit a written request in order to
terminate RSFPP coverage. Although he contends he made telephone calls
over the years, there is no evidence he submitted a written request prior
to March 2002.
A complete copy of the evaluation 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 31 January 2003 for review and response within 30 days. However, 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 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 adopt the rationale expressed as the basis for
our decision that the applicant has failed to sustain her burden that she
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 BC-2003-00076
in Executive Session on 30 September 2003 under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Mike Novel, Member
Mr. Roscoe Hinton, Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 03, w/atch.
Exhibit B. Member's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPTR, dated 27 Jan 03.
Exhibit D. Letter, SAF/MRBR, dated 31 Jan 03.
DAVID C. VAN GASBECK
Panel Chair
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