RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00275
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Survivor Benefit Plan (SBP) election, made on 23 July 1986, be
changed from full SBP coverage to cover the period between December
1997 and 28 October 2003 only.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was miscounseled in 1986. His intention was to cover the years
between the times he left the Air National Guard (ANG), in December
1997, until his 60th birthday, 28 October 2003. He wanted SBP
coverage only until his 60th birthday. He assumed this is what he
signed for in 1986. As a backup, his wife and he signed and had
witnessed blocks 26, 29, 30, and 31 on the DD 2656 that he sent in
early October 2003. It has always been his plan to cover his
survivors through a private, whole-life policy for the long term.
In support of his appeal, the applicant has provided a copy of the DD
Form 2656, Data for Payment of Retired Personnel.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Washington Air National Guard on 22
December 1997 in the grade of Colonel. He was eligible to participate
in the SBP program on 10 December 1985. There is no evidence the
applicant made an election at that time. During an open enrollment
season from 1 March 1999 to 28 February 2000, he elected Option C,
annuity for spouse only, based on full, retired pay on 25 June 1999.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends denial. DPS notes the applicant’s claim he was
not counseled on the amount it would cost to participate in
the Reserve Component SBP (RCSBP). DPS states the RCSBP package sent
to the member explained how to compute the cost. Examples were also
included in the package to show the member how to perform the
computations. Under Title 10 U.S.C., Section 1448a, he may elect,
between his 2nd and 3rd anniversary of drawing retired pay, to
discontinue coverage under RCSBP.
DPS’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
13 February 2004 for review and comment 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 timely filed.
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
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. We note he will have the opportunity to
disenroll between the second and third anniversary of drawing retired
pay should he so desire. 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-
2004-00275 in Executive Session on 14 April 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Michael J. Novel, Member
Ms. Kathy L. Boockholdt, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 6 Feb 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 13 Feb 04.
ROSCOE HINTON, JR
Panel Chair
AF | BCMR | CY2004 | BC-2003-03862
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-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 | CY2004 | BC-2004-00178
___________________________________________________________________ STATEMENT OF FACTS: On 28 Sep 79, the former member executed DD Form 1883, Survivor Benefit Plan Election Certificate, electing no coverage under Option A (Defer). Applicant’s counsel also provided copies of the member’s ARPC Form 0-69 (Application for Retired Pay), and DD Form 2656, which were signed by the member on 26 May 02. Specifically, under Option A, the member declined to make an election at that time,...
AF | BCMR | CY2004 | BC-2004-03077
On 27 Dec 92, he executed ARPC Form 123 electing spouse and child coverage, under Option C (immediate annuity), based on full retired pay. On 17 Feb 04, he executed DD Form 2656, Data for Payment of Retired Personnel, electing not to participate in the SBP. Novel, Member Mr. Michael K. Gallogly, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Sep 04, w/atchs.
AF | BCMR | CY2004 | BC-2004-02540
While the applicant claims she was not aware her husband had chosen the immediate annuity option for RCSBP and that she received written correspondence stating she was not eligible for benefits until her husband’s 60th birthday, records indicate the member received an RCSBP package explaining in detail how the RCSBP permits a member to provide a monthly annuity to their designated beneficiaries in the event of their death. ...
AF | BCMR | CY2005 | BC-2004-01158
He contends he was not aware of Public Law 105-85 and its one time option allowing beneficiaries to discontinue their participation during their third year of receiving retired 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 its rationale as the basis for our conclusion that the applicant has not been the victim of an error or...
AF | BCMR | CY2004 | BC-2003-01922
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 | CY2004 | BC-2004-01762
The applicant's complete submission, with attachments, is at Exhibit A. During RCSBP open enrollment season, 1 March 1999 to 28 February 2000, members who had elected less than full coverage for their spouses were able to elect or increase coverage. DPS states if the decision is to grant the relief sought, the member’s record should be corrected to show he elected full, immediate coverage for his spouse (Option C) under the RCSBP, effective 9 June 1998.
AF | BCMR | CY2004 | BC-2004-00593
While he was notified by mail of this opportunity, no evidence exists to show he made an election. DPS states the member had two opportunities to elect the coverage he felt he needed at those times. 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...
AF | BCMR | CY2004 | BC-2003-03833
_________________________________________________________________ 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. _________________________________________________________________ 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 applicant contends he was not counseled on the cost to...