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AF | BCMR | CY2005 | BC-2004-01158
Original file (BC-2004-01158.doc) Auto-classification: Denied

                       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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