RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00593
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show he elected to participate in the
Reserve Component Survivor Benefit Program (RCSBP) when he retired in
February 1998.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is not now covered by RCSBP and his next opportunity to elect the
coverage he wants is 8 years away, four to six months prior to his
60th birthday. When he retired in February 1998, he was living 500
miles from the nearest military installation. He received the RCSBP
mailings in 1998 and 1999 but his understanding of the system was such
that if he did not respond to the mailings that he would automatically
be covered. He notes the rule that made automatic coverage available
to non-responders did not become effective until 2001 and was not
retroactive to the time he retired. He would like to be covered by
RCSBP prior to his next opportunity to amend his coverage.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant became eligible for RCSBP coverage on 26 February 1998. He
was notified by certified mail of his eligibility but failed to make
an election at that time. At the end of the suspense time allotted
for him to make an election, he was automatically enrolled in Option
A, Defer election until age 60. During an RCSBP open enrollment
season between 1 March 1999 and 28 February 2000, he was eligible to
elect coverage or increase coverage. While he was notified by mail of
this opportunity, no evidence exists to show he made an election.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends denial. DPS states the member had two
opportunities to elect the coverage he felt he needed at those times.
He did not elect, at either opportunity, to participate further than
the Option A he automatically received in May 1998.
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
12 March 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 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. In fact, the evidence of record shows that the
applicant received the initial RCSBP package at his home on 18 July
1998, and did not respond. A subsequent open enrollment season, 1
March 1999 to 28 February 2000, was also not acted on. 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-
2004-00593 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 19 Feb 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 8 Mar 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 12 Mar 04.
ROSCOE HINTON, JR.
Panel Chair
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-2004-01183
Since his election was deferred until age 60, he would have been eligible to make his RCSBP election choice in April 2005. We took notice of the applicant's complete submission in judging the merits of the case and sympathize with her positiion; 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 | CY2003 | BC-2003-02455
There is no evidence he made an election at that time. The applicant was sent an open enrollment letter to his home address during the RCSBP open enrollment season, 1 March 1999 to 28 February 2000. During the RCSBP open enrollment season from 1 March 1999 to 28 February 2000, records indicate the applicant was notified.
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. ...
There was no evidence that the service member made an election at that time. Therefore, based on the evidence provided they recommend denying the applicant’s request. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be...
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 | CY2003 | BC-2002-01714
They have no record the member made an election at either time. A complete copy of the evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The spouse of the former member states in October of 1991, the former member signed for the package explaining retirement benefits that he was to review and elect the option of coverage to be provided. She also read in the letter of 1 November 2002, that the...
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.
As of this date, no response has been received by this office (Exhibit C). The applicant contends that he was never notified that if he did not elect RCSBP coverage within the required timeframe that his coverage would be 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-2004-00275
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. We took notice of the applicant's complete submission in judging...