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
AF | BCMR | CY2003 | BC-2002-03976
DPS states that there is no evidence that the member was miscounseled or misinformed regarding his election of RCSBP. DPS states that there is no evidence that the member was miscounseled or misinformed regarding his election of RCSBP. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions of miscounseling and confusing instructions, in and by themselves, sufficiently persuasive to override the rationale...
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. ...
AF | BCMR | CY2003 | BC-2003-01300
The election package was sent by certified mail and signed for by Mrs. D--- K--- on 2 September 1994. _________________________________________________________________ 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.
AF | BCMR | CY2002 | BC-2002-00065
However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit...
However, he has just discovered that his 1999 survivor benefit election was listed as “having not been received.” In support of his request, the applicant submits a personal statement, copies of medical records and additional documents associated with the issues cited in his contentions. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit...
AF | BCMR | CY2005 | BC-2004-03829
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03829 INDEX CODE: 137.04 XXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reserve Component Survivor Benefits Plan (RCSBP) election be changed from Option “A” (Decline to make an election until age 60) to Option “C” (Immediate Annuity). He agreed and elected Option “A.”...
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.
AF | BCMR | CY2004 | BC-2003-03718
The applicant elected SSBP coverage on 3 April 1992 for option C (immediate annuity) for spouse only with 20% supplemental. Evidence provided indicates the applicant chose to elect spouse SSBP coverage on 3 April 1992 for Option C (immediate annuity) for spouse only with 20% supplemental. The applicant has not provided any evidence that would lead us to believe that the SSBP information provided, at the time of her election, was misleading or inaccurate.
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.
The member remained eligible to make the election at age 60. 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. Exhibit E. Letter, Applicant’s Congressman statement, dated 31 Jul 02.