RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03077
INDEX NUMBER: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he declined Survivor Benefit
Plan (SBP) coverage on 17 Feb 04.
___________________________________________________________________
APPLICANT CONTENDS THAT:
In 1992, his customer service branch informed him to complete ARPC
Form 123, Reserve Component Survivor Benefit Plan Election
Certificate, to provide an immediate annuity to his spouse on the
day after his death, whether before or after age 60.
In support of his request, applicant provided copies of his ARPC
Form 123, and DD Form 2656, Data for Payment of Retired Personnel.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 2 Nov 92, the applicant was notified of his eligibility for
retired pay at age 60 and that he was eligible to participate in
the RCSBP. On 27 Dec 92, he executed ARPC Form 123 electing spouse
and child coverage, under Option C (immediate annuity), based on
full retired pay.
Applicant’s date of birth is 27 May 1944. On 17 Feb 04, he
executed DD Form 2656, Data for Payment of Retired Personnel,
electing not to participate in the SBP.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPS reviewed this application and recommends denial.
According to Title 10, United States Code, Section 1448a, the
member will be able to withdraw his RCSBP election during a one-
year period starting on his 62nd birthday, 27 May 06. This can be
done by contacting DFAS Cleveland and completing a DD Form 2656-2.
Until such time he will continue to pay the monthly premium for
immediate annuity coverage.
A copy of the Air Force 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 29 Oct 04 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
___________________________________________________________________
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. Applicant’s
contention that, in 1992, his customer service branch told him to
complete an ARPC Form 123 to provide an immediate annuity to his
spouse on the day after his death is duly noted. However, the ARPC
Form 123 executed by the applicant clearly advised him to consider
his decision with respect to participation in the Survivor Benefit
Plan and its effect very carefully. The responsibility for the
type and level of coverage elected rested solely with the
applicant. Inasmuch as the applicant elected immediate spouse and
child coverage based on full retired pay, it is reasonable to
assume that he had at least a basic understanding of the effects of
his election. Furthermore, the law governing the Survivor Benefit
Plan does not provide for members to arbitrarily withdraw from the
plan. However, by law, the applicant will be afforded an
opportunity to terminate his coverage during a one-year period
beginning on the second anniversary of his receipt of retired pay.
Based on the foregoing, and 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 Docket Number BC-2004-
03077 in Executive Session on 2 December 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Mr. Michael J. Novel, Member
Mr. Michael K. Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Sep 04, w/atchs.
Exhibit B. Letter, ARPC/DPS, dated 25 Oct 04, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 29 Oct 04.
ROSCOE HINTON JR.
Panel Chair
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