RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01300
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show he elected to participate in the Reserve
Component Survivor Benefit Plan (RCSBP) with an annuity based on the
full amount of retired pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records currently show RCSBP option A (Decline to make an election
until age 60), which he believes is unjust. In 1994 his ARPC Form 123
was not returned and at that time Option A was automatically presumed
without the requirement of consent by his spouse. Even though receipt
information asserts that his wife signed for the RCSBP packet, neither
she nor he remembers having contact with the packet. During a
conversation with ARPC last year he discovered that his wife had no
survivor benefit coverage. ARPC recommended that he petition for a
change of record to establish his and his wife’s definite desire for
RCSBP protection.
Applicant did not submit any documents in support of the appeal.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified of his eligibility to participate in the
RCSBP on 1 May 1994 when he was notified he had completed 20
satisfactory years of service. The election package was sent by
certified mail and signed for by Mrs. D--- K--- on 2 September 1994.
A detailed package was sent to applicant’s mailing address. There is
no evidence the applicant made an election at that time. At the end
of the 90-day suspense, applicant was automatically enrolled in Option
A, Deferred election until age 60.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS states that during their RCSBP open enrollment season, March
1999 to 28 February 2000, their records indicate that the applicant
was notified at his home of record. They have no record that the
applicant made an election at that time. Therefore, they recommend
denial of applicant’s request.
A complete copy of the evaluation, with attachments, is attached at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 23 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 10 Apr 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 9 May 03.
Exhibit D. Letter, SAF/MRBR, dated 23 May 03.
JOSEPH A. ROJ
Panel Chair
AF | BCMR | CY2003 | BC-2003-01246
There is no evidence he made an election at that time. At the end of his 90-day suspense the applicant was automatically enrolled in Option A, “Deferred election until age 60.” ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPS reviewed applicant’s request and recommends denial. Additionally, during the RCSBP open enrollment season from 1 March 1999 to 28 February 2000, records indicate the applicant was notified.
AF | BCMR | CY2004 | BC-2003-02049
________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s attorney states that the core issue is whether or not the applicant received the entitlements package setting forth the options available to him under the RCSBP. The date is clearly in error because it would be a factual impossibility for the election package to be received and signed for prior to when the package was sent. In this case, because the applicant...
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_________________________________________________________________ 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...
He did not make an election during open enrollment season because he thought he already had coverage under the election he made in 1994. The Board notes the applicant did not elect RCSBP coverage within the required timeframe and was automatically enrolled under Option A. The applicant was notified on two occasions of his eligibility to enroll in RCSBP but did not elect coverage either time.
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There is no evidence he made an election at that time. DPS states that members must complete an election within 90 days of receipt of the RCSBP package. He states that his minor daughter receipted for the package, and that he was deeply involved in a career change and in the process of relocating during the exact time the package was received.
AF | BCMR | CY2003 | BC-2003-01245
DPS has no record showing the applicant made an election at this time. _________________________________________________________________ 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. ...
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According to Title 10 U.S.C., Section 1448 (a)(2), members must complete an election within 90 days of receipt; otherwise the member remains eligible to make an election at age 60. A complete copy of the evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that the entitlements were meant for the retiree to receive and only his signature on the application for the...
AF | BCMR | CY2003 | BC-2002-03708
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He was never informed that the 20 percent election would result in three times the amount being deducted for premiums from his retirement pay. 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. ...
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