RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03833
INDEX CODE: 137.00
COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to allow him to terminate his participation in
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
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. It makes
no sense to pay over $800.00 a year for that, plus it would offset his
wife’s social security. His wife feels she should have been counseled
and asked to sign the document along with him after everything had
been explained. They were not aware of this until they received their
first retirement check in July 2003. They signed a DD Form 2656 with
witnesses saying they did not want this coverage. When he signed the
forms in 1990, he thought he was upgrading his life insurance from
$100,000 to $200,000.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was eligible to participate in the RCSBP on 11 January
1990. On 22 June 1990, he elected Option CA, Annuity for Spouse,
based on full-retired pay.
_________________________________________________________________
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 cover
letter on the RCSBP package that was forwarded to the applicant
explained how to compute the cost. The package also included examples
showing the servicemember how to compute the cost.
ARPC/DPS further states that under Title 10, United States Code (USC),
Section 1448a, a servicemember may elect, between his second and third
anniversary of receiving retired pay, to discontinue coverage under
RCSBP. However, if the servicemember withdraws before that time he
must pay until his second anniversary.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted a copy of the DD Form 2656 showing he and his
wife declined SBP coverage on 3 November 2003. He further states he
was informed by Nellis AFB that he should not be paying for SBP or
RCSBP (Exhibit D).
_________________________________________________________________
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 the 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 contends he was not counseled on the cost to participate in
RCSBP. The RCSBP package that was forwarded to him contained
information regarding the costs for RCSBP and examples on how to
compute the cost. Furthermore, Title 10 U.S.C., Section 1448a,
authorizes the servicemembers between their second and third
anniversary of drawing retired pay the option to discontinue their
coverage under RCSBP. To provide the applicant additional time to
terminate his participation in RCSBP would be unfair to other retirees
in similar situations. 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-
2003-03833 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. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 03, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, dated 1 Dec 03.
Exhibit C. Letter, SAF/MRBR, dated 5 Dec 03.
Exhibit D. Letter, Applicant’s Response, undated, w/atchs.
JOSEPH A. ROJ
Panel Chair
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