RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01762
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show that in 1997 he elected Option C coverage in
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
During his separation meeting with the CBPO personnel, he believed the
paperwork he completed was for the selection of Option C (immediate annuity
after death). He did not realize he still had to make a selection at a
later date. His wife should not have to suffer financially after his death
because he misunderstood the requirements completing the paperwork.
Additionally, his son is recently deceased and he has no other children to
care for his wife if he dies prematurely. He understands that current
retirees are automatically enrolled in Option C of the RCSBP.
In support of the application, the applicant submits his application. The
applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a Reserve officer who was relieved from his Reserve
assignment and transferred to the Nonaffiliated Reserve Section (NA) in the
grade of major on 1 November 1997. As of that date, he was credited with
20 satisfactory years of Federal service. He will become eligible to
receive retired pay on his 60th birthday (7 September 2017).
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:
HQ ARPC/DPS recommends denial. DPS states the applicant was eligible to
participate in the RCSBP on 1 November 1997. The election package was sent
by certified mail and was signed for by the applicant on 11 March 1998.
There is no evidence he made an election at that time. DPS notes Title 10,
United States Code, Section 1148 (a) (2) states a member must complete an
election within 90 days of receipt, otherwise the member remains eligible
to make an election at age 60. 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
records indicate the applicant was notified; however, there is no record he
made an election at that time.
DPS notes in January 2001, Title 10 was revised to automatically defer
coverage to Option C if member does not respond within the required 90-day
period. However, the new law is not retroactive and does not apply to
members who acquired their 20 years of satisfactory service prior to
January 2001. DPS states the applicant acquired his 20 years of service in
1997 and is therefore ineligible to change his election. 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. DPS 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 for
review and comment on 30 July 04. As of this date, this office has
received no response (Exhibit D).
_________________________________________________________________
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 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. Therefore, in the absence of
persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 24 September 2004, under the provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr., Panel Chair
Mr. Patricia D. Vestal, Member
Mr. Michael K. Gallogly, Member
The following documentary evidence for AFBCMR Docket Number BC-2004-01762
was considered:
Exhibit A. DD Form 149, dated 25 May 2004.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 22 Jun 04 w/atchs.
ROSCOE HINTON, JR.
Panel Chair
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 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.
AF | BCMR | CY2002 | BC-2002-01652
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.
AF | BCMR | CY2004 | BC-2003-01922
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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. ...
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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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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. _________________________________________________________________ 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...
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-2004-00275
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 | 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. ...