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AF | BCMR | CY2004 | BC-2003-01618
Original file (BC-2003-01618.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01618
            INDEX CODE:  137.04

      COUNSEL:  NONE

  XXXXXXX   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The Reserve Component Survivor Benefit Plan (RCSBP) election  he  made
on 25 Feb 91 be accepted and  the  second  election  (24  Apr  92)  be
cancelled.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The election forms he signed in  Feb  91  and  Apr  92  are  extremely
different and very  confusing.   He  believes  that  he  was  unjustly
coerced into selecting the 20 percent level in  1992  without  a  full
explanation at the time.  He was never informed that  the  20  percent
election would result in three times the  amount  being  deducted  for
premiums from his retirement pay.

In support of his request, applicant submits a copy of ARPC Form  123,
Reserve Component Survivor Benefit Plan (RCSBP) Election  Certificate,
dated 25 Feb 91, and his ARPC Form 123-2, Reserve  Component  Survivor
Benefit Plan (RCSBP) Open Enrollment Election (1 Apr 92 - 31  Mar  93)
Supplemental Survivor Benefit Plan - Options B&C, dated 24 Apr 92.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Information provided by the applicant reflects he was  married  on  27
Dec 70.  His date of birth is 30 Jul 43.

On 25 Feb 91, he executed ARPC Form 123,  electing  RCSBP  spouse  and
child coverage under Option C (full immediate coverage).  On 24  April
92, under the open enrollment authorized by  Public  Law  101-189,  he
changed his RCSBP election to include 20% supplemental coverage.

_________________________________________________________________

AIR STAFF EVALUATION:

HQ ARPC/DPS reviewed this application and recommended denial.   During
the RCSBP open enrollment season (1  Apr  92  to  31 Mar 93),  records
indicate the applicant made a change to his RCSBP election  by  adding
supplemental coverage  to  his  plan.   The  open  enrollment  package
clearly explained the supplemental  coverage  cost,  as  well  as  the
benefits, and advised the member to contact HQ  ARPC  if  he  had  any
questions.
Applicant now requests to participate in the RCSBP;  however,  not  in
the supplemental portion.  In accordance with Title 10 USC,  there  is
no provision where the member can change an election after the initial
30 days have lapsed.  Title 10 USC, Sec. 1448a, states the member  may
elect, between his 2nd and 3rd anniversary of drawing retired  pay  to
discontinue coverage.

ARPC records do not show that the applicant was  improperly  counseled
or misinformed.  Upon making an election, member was obligated to  pay
into the program for two years before he could discontinue coverage.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

In the applicant’s response  to  the  evaluation,  he  reiterated  his
original contentions and states that he was not counseled properly and
notes that the fact that two different enrollments  were  accepted  at
that time shows how confusing the process was.  Additionally, he  adds
that he was never contacted to correct  the  situation  and  determine
which program was best for him.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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
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.  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 AFBCMR Docket Number BC-
2003-01618  in  Executive  Session  on  27  January  2004,  under  the
provisions of AFI 36-2603:

           Mr. Joseph A. Roj, Panel Chair
           Ms. Leslie E. Abbott, Member
           Mr. Mike Novel, Member


   Exhibit A.  DD Form 149, dated 3 May 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPS, dated 27 May 03.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 03.
   Exhibit E.  Applicant's Response, dated 20 Nov 03.




                                   JOSEPH A. ROJ
                                   Panel Chair

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