RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02348
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to discontinue his spouse and child coverage under the
Reserve Component Survivor Benefit Plan (RCSBP) annuity.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1991, after active duty during Desert Storm, he returned to the Air
Force Reserves and employment at a college. He and his spouse divorced and
he received custody of his two children. He immediately went to Moody Air
Force Base (MAFB) to update his DEERs record. He informed personnel at
MAFB that he wanted to cancel his Air Force insurance. He remarried in
1994 and set up a financial program for his spouse. In June 2003, he
called the Air Reserve Personnel Center (ARPC) to find out what he needed
to do for retirement. He was informed that $400.00 would be deducted from
his pay for two years for RCSBP before he could elect “Option A.” He
thought he had done all that was required to have RCSBP “Option A” when he
updated his records in 1991. He indicates that it would be a huge hardship
if his retirement-pay had these deductions in addition to the other
financial programs he has already set up for his family.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant married on 26 March 1982. He elected RCSBP - Option CF,
annuity for spouse and child coverage based on full-retired pay on 3
November 1987. He later divorced and remarried in 1994.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommended denial. They stated that the applicant indicated that
he went to Moody Air Force Base to have his record updated. They are not
disputing the applicant’s sincerity and integrity in keeping his record up
to date; however, they did not receive the required information to update
his records. If the decision is to grant the relief sought, the member’s
record should be corrected to show he elected not to participate in RCSBP
effective 29 June 1987.
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. 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 an 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 our conclusion that the applicant has not been
the victim of an error or injustice. 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. He later divorced and
remarried in 1994. He did not notify or forward ARPC a divorce decree or a
copy of his new marriage license. According to the governing law, a person
may elect not to provide coverage under the plan for the person’s new
spouse if the election not to resume coverage is made within one year after
the person’s remarriage. We find no evidence that the applicant submitted
a request not to resume spouse coverage after his remarriage. We note that
the applicant will be eligible to withdraw from the plan between the second
and third anniversary of receiving retired pay, should he chose to pursue
this course of action. 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 an 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 AFBCMR Docket Number BC-2003-
02348 in Executive Session on 30 September 2003, under the provisions of
AFI 36-2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 July 2003, w/atchs.
Exhibit B. Letter, ARPC/DPS, dated 1 August 2003, w/atch.
Exhibit C. Letter, SAF/MRBR, dated 8 August 2003.
DAVID C. VAN GASBECK
Panel Chair
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