Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-03718
Original file (BC-2003-03718.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03718
                                       INDEX CODE:  137.04
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXXXX                     HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to allow her to withdraw from participation in  the
Supplemental Survivor Benefit Plan (SSBP) and all monies paid be refunded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was not provided adequate counsel or  information  to  make  the  proper
decision concerning SSBP at the time she was forced  to  make  an  election.
The excessive premiums present a hardship upon her and her spouse.

In support of  her  application,  the  applicant  provided  a  copy  of  her
retirement leave  and  earnings  statement  and  documentation  showing  her
enrollment date in the program.  The applicant’s complete submission  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired from the Air Force Reserve on 18 August  2003  at  the
age of 60, in the rank of lieutenant colonel.  The  applicant  elected  SSBP
coverage on 3 April 1992 for option C (immediate annuity)  for  spouse  only
with 20% supplemental.

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 C.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPS recommends denial.  DPS states  that  the  applicant  was  sent  an
information package, including an explanation of  the  SSBP  option,  during
the April 1992 through March 1993 open  enrollment  period.   The  applicant
requested to participate in the SSBP option and elected option C  (immediate
annuity) for spouse only with 20% supplemental.  The election the  applicant
made effective 1 April 1992 is irrevocable.  Under Title  10  U.S.C.,  there
is no provision where a member can change  an  election  after  30  days  of
initial election.  Under Title 10 U.S.C., Section 1448a, the  applicant  may
elect, between her second and third anniversary of drawing retired  pay,  to
discontinue coverage.

DPS states that the  records  do  not  show  the  applicant  was  improperly
counseled or misinformed.  The DPS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  19
December 2003 for review and comment within 30  days  (Exhibit  D).   As  of
this date, this office has received no response.

_________________________________________________________________

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.  After reviewing the evidence  of  record,
we are not persuaded that the applicant has been the victim of an error  or
injustice.  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.   Therefore,  in  the
absence of evidence  to  the  contrary,  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.   Accordingly,  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 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

The following documentary evidence was considered in connection with  AFBCMR
Docket No. BC-2003-03718:

      Exhibit A.  DD Form 149, dated 29 Oct 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ARPC/DPS, dated 15 Dec 03.
      Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.




                                                   JOSEPH A. ROJ
                                                   Panel Chair


Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-03976

    Original file (BC-2002-03976.doc) Auto-classification: Denied

    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 | CY2004 | BC-2003-01618

    Original file (BC-2003-01618.doc) Auto-classification: Denied

    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. ...

  • AF | BCMR | CY2004 | BC-2003-02519

    Original file (BC-2003-02519.doc) Auto-classification: Denied

    The applicant was advised by AFPC in a letter dated 26 September 1983, that an RCSBP application had not been received at their headquarters from her spouse and there was no RCSBP coverage in effect. If the decision is to grant the relief sought, the servicemember’s record should be corrected to show he elected full, immediate coverage for his spouse (Option C), based on full-retired pay under the RCSBP, effective 20 December 1983. As a consequence, the applicant was advised by AFPC on 26...

  • AF | BCMR | CY2003 | BC-2003-01246

    Original file (BC-2003-01246.doc) Auto-classification: Denied

    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-2003-03862

    Original file (BC-2003-03862.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03862 INDEX CODE: 137.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be changed to allow him to withdraw from participation in the Supplemental Survivor Benefit Plan (SSBP) and all monies paid be refunded. ARPC/DPS’s complete evaluation, with attachments, is at Exhibit...

  • AF | BCMR | CY2003 | BC-2003-01300

    Original file (BC-2003-01300.doc) Auto-classification: Denied

    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 | CY2004 | BC-2003-01922

    Original file (BC-2003-01922.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01922 INDEX CODE: 137.00, 137.01 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he elected former spouse and child as his beneficiaries for his Reserve Component Survivor Benefit Plan (RCSBP). The applicant’s 28 September 1997 RCSBP Election Certificate reflects his...

  • AF | BCMR | CY2002 | BC-2002-00078

    Original file (BC-2002-00078.doc) Auto-classification: Denied

    _________________________________________________________________ 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 | CY2002 | 0200078

    Original file (0200078.doc) Auto-classification: Denied

    _________________________________________________________________ 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 | CY2002 | 0103633

    Original file (0103633.doc) Auto-classification: Denied

    The ARPC/DPS evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 22 February 2002 for review and response within 30 days. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted. ...