RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 04-00690
INDEX CODE:137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he elected spouse and children coverage
under the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 11 September 1990, he elected spouse and children coverage. He would
like his daughter to be covered under the RCSBP but was told that he could
not because his records showed a “spouse only” election.
In support of his appeal, applicant submits a personal statement and a copy
of his RCSBP plan election certificate. The applicant’s complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Military Personnel Database reflects the applicant was assigned to the
Retired Reserve Awaiting Pay At Age 60 and began drawing retired pay
effective 28 December 2003 in the grade of lieutenant colonel.
The remaining relevant facts pertaining to this application are contained
in the letter prepared by the appropriate office of the Air Force at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends the application be denied. DPS states that on 5 April
1990, the applicant elected Option “C” immediate annuity for spouse and
children. This election was correct based on his youngest child at that
time. The package that was mailed to the applicant explained in detail
that any life changing event should be reported to the Entitlements Branch
within one year of the event. DPS indicates that the applicant did not
notify their office within the year time frame of having another child.
The ARPC/DPS evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 19
March 2004 for review and comment. 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. We have reviewed the available evidence
pertaining to the applicant’s assertions relating to his Reserve Component
Survivor Benefit Plan (RCSBP) election, and we are unpersuaded that an
RCSBP election of spouse and child based on his youngest child’s date of
birth is warranted. His contentions in this regard are duly noted;
however, in our opinion, the Air Force office of primary responsibility has
adequately addressed these contentions and we are in agreement with their
recommendation. In view of the above, we find no basis to warrant
favorable consideration of this application.
_________________________________________________________________
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 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 14 April 2004, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Mr. Michael J. Novel, Member
Mrs. Kathy L. Boockholdt, Member
The following documentary evidence for AFBCMR Docket Number 04-00690 was
considered:
Exhibit A. DD Form 149, dated 26 Feb, w/atchs.
Exhibit B. Letter, ARPC/DPS, dated 17 Mar 04 w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 19 Mar 04.
ROSCOE HINTON JR.
Panel Chair
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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.
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However, the section of law applicable to reserve component members in effect at the time the former member was eligible to participate in the Reserve Component Survivor Benefit Plan did not require spousal notification if the member deferred making an election until age 60. We therefore 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...
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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 | CY2003 | BC-2003-02348
The evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 8 August 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days. The applicant married on 26 March 1982 and elected RCSBP - Option CF, annuity for spouse and child coverage based on full-retired pay on 3 November 1987. ...
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...
AF | BCMR | CY2004 | BC-2003-04099
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 B. There is no evidence that the former member made an election at that time. Absent persuasive evidence, applicant was denied rights to which entitled, appropriate regulations were not followed, or appropriate standards were not applied, we find no basis to disturb the existing record.
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. ...
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. ...
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.