RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01158
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to allow him to withdraw his participation in
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to his retirement, personnel from Denver and Fairchild AFB
advised him that if he selected Option C of RCSBP he would have an
opportunity to change his election at age 60. 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. He has purchased $300,000 of life
insurance as protection for his wife and would like to opt out. He
states 10% of his pay will only guarantee his wife 35% of
approximately $315 per month. He has $800,000 of life insurance
currently in force and would like to use a portion of his retirement
income to help pay the premiums. Put simply, he wants to have 100% of
his retirement pay sent to his account rather than have Option C
apply. He feels the money is better spent for life insurance because
of the significant reduction in benefits to his wife should he die.
In support of his appeal, the applicant has provided copies of
pertinent life insurance paperwork.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was notified of his eligibility to participate in RCSBP on
22 January 2003. He made an election of Option C “Immediate annuity
for spouse with 20% Supplemental Survivor Benefit Plan (SSBP). Prior
to his 60th birthday, HQ Air Reserve Personnel Center (ARPC) sent him
a fact sheet and a DD Form 2656, Data for Payment of Retired
Personnel, and a copy of his initial election. Applicant sent in the
DD Form 2656 and the Retirements Branch returned it to him for
corrections as he had made unauthorized changes to his election.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS recommends denial. DPS states that Title 10 United States
Code (U.S.C.) allows the member a one-time option to discontinue
coverage between his 2nd and 3rd anniversary of drawing retired pay.
The information package sent to the applicant prior to his 60th
birthday clearly stated this fact.
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 4
February 2005 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.
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 its rationale as the basis
for our conclusion that the applicant has not been the victim of an
error or injustice. At this time, other than the 12-month period
between his second and third year of participation, there is no other
opportunity for the applicant to withdraw from SBP participation.
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-
2004-01158 in Executive Session on 7 July 2005, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Kathy L. Boockholdt, Member
Ms. Marcia Jean Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Apr 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPS, dated 20 Jan 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 4 Feb 05.
MICHAEL J. NOVEL
Panel Chair
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