RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00858
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His election under the Reserve Component Survivor Benefit Plan (RCSBP)
be terminated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he completed the form he had been divorced since 1984. He
remarried in January 1990 and divorced his second wife in 1994. No
SBP forms were completed. He now has full custody of his two sons.
He would appreciate any consideration given to his request.
Applicant does not provide any documents in support of the appeal.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 December 1989, the applicant made a former spouse election under
the RCSBP for his first wife, whom he had divorced on 4 April
1985. This election was not court ordered; it was made voluntarily.
In 1990, the applicant remarried; however, the applicant did not
request any changes to the RCSBP coverage within a year of the
marriage, as required by law. This second marriage ended in divorce
in 1994. In January 2003, the applicant applied for Reserve retired
pay effective on his 60th birthday, 24 January 2003. Since he still
had a valid RCSBP election for former spouse, the Air Reserve
Personnel Center Retirement Branch input the data into the Defense
Finance and Accounting Service - Cleveland Center (DFAS-CL) pay
system. The RCSBP cost is being withheld from the applicant’s retired
pay.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP states that according to Title 10, United States Code,
Section 1448, an election under RCSBP cannot be changed or withdrawn
unless there is a change in marital status, and then only if the
request is made within 1 year. The law does allow the former spouse
coverage to be terminated if the former spouse dies. In addition, the
coverage can be suspended if the former spouse remarries prior to age
55, since the former spouse is not eligible for the RCSBP annuity
while remarried if the remarriage occurred prior to age 55. However,
the member cannot stop former spouse coverage, nor can he change the
election based solely on the former spouse’s remarriage prior to 55.
A complete copy of the evaluation, with attachments, is attached at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 9 May 2003, a copy of the Air Force evaluation was forwarded to the
applicant for review and response 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
and adopt their rationale as the basis for the 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.
_________________________________________________________________
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 this application 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
Mr. William H. Anderson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Mar 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 29 Apr 03.
Exhibit D. Letter, SAF/MRBR, dated 9 May 03.
JOSEPH A. ROJ
Panel Chair
AF | BCMR | CY2002 | BC-2002-00078
_________________________________________________________________ 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. Member stated he contacted ARPC after his remarriage and was not counseled that he had one year to cancel his RCSBP benefit. The ARPC/DPS evaluation is at Exhibit...
_________________________________________________________________ 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. Member stated he contacted ARPC after his remarriage and was not counseled that he had one year to cancel his RCSBP benefit. The ARPC/DPS evaluation is at Exhibit...
AF | BCMR | CY2003 | BC-2002-02922
After a thorough review of the evidence of record and applicant’s submission, the majority of the Board is not persuaded that deceased member’s records should be altered so that she would receive an SBP annuity. _________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. A majority found that applicant had not provided sufficient evidence of...
AF | BCMR | CY2003 | BC-2003-02348
The evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 8 August 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days. The applicant married on 26 March 1982 and elected RCSBP - Option CF, annuity for spouse and child coverage based on full-retired pay on 3 November 1987. ...
AF | BCMR | CY2007 | BC-2007-00035
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00035 INDEX CODE: 137.04 XXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 12 June 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s marital status be changed from “single” to “married” in the year 2001, and that his records be changed to show he elected to participate in the...
AF | BCMR | CY2007 | BC-2006-03261
His father always sent his mother half of his retirement checks on time while he was alive. DPP states the court awarded former spouse coverage under the RCSBP program; however, the member did not notify this office of his marital status changes nor did his former spouse deem an election within a year as required by law. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...
AF | BCMR | CY2006 | BC-2006-00831
This Open Enrollment Period allows members to change their previous elections only for the purpose of increasing coverage not to decrease it. 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. ...
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. The member 97031 82 remarried 21 Jul90. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend partial relief: the member's record should be corrected to reflect that on 28 Jun 88 he elected to change SBP spouse and child -vera e to former spouse and child coverage...
AF | BCMR | CY2011 | BC-2011-00795
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The forms the servicemember completed electing her as his beneficiary did not indicate anything regarding the implications of remarriage on her benefits. Exhibit C. Letter, SAF/MRBR, dated 15 Jul 11. Exhibit D. Letter, Applicant, dated 19 Jul 11.
AF | BCMR | CY2004 | BC-2003-03833
_________________________________________________________________ APPLICANT CONTENDS THAT: He was never informed that $71.00 would be taken out of his retired pay in order for his wife to receive $200.00 upon his death. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states the applicant contends he was not counseled on the amount of the cost to participate in the RCSBP program. The applicant contends he was not counseled on the cost to...