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AF | BCMR | CY2005 | BC-2005-00604
Original file (BC-2005-00604.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
00604
                                             INDEX CODE:  137.03

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  21 AUGUST 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

He  be  allowed  to  withdraw  his  participation  in  the  Reserve
Component Survivor Benefit Plan (RCSBP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

The RCSBP was not explained to him in sufficient detail for him  to
make a logical decision.  He did not realize he was paying for  the
plan until April 2003 after reviewing his retired pay statement.

He would not have elected to participate in the plan in  1987,  had
he known he would be paying for  the  coverage  from  the  time  he
turned age 60 until his death.  He would have  taken  out  a  large
term life insurance policy for a fraction of the cost  that  he  is
currently paying.

He was led to believe he could cancel the plan after paying for two
years after his 60th birthday.  He would like his monthly cost  for
RCSBP cancelled.

In support of his request applicant provided copies  of  ARPC  Form
123, Reserve Component Survivor Benefit Plan Election  Certificate,
his retirement order, DD Form 2656, Data  for  Payment  of  Retired
Personnel, notification  for  retired  pay  with  instructions  for
completing the DD Form 2656, and a DD Form 2656-2, Survivor Benefit
Plan (SBP) Termination Request.

Applicant’s complete submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The Air Force states that on 6 Aug 87, the applicant  was  notified
of his eligibility to participate in the RCSBP.  On 22 Oct  87,  he
executed ARPC Form 123, electing spouse and child  coverage,  under
Option C (immediate annuity), based on full retired pay.   In  1991
the applicant divorced, and his election was changed to child only.


Applicant’s date of birth is 9 Nov 42.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ ARPC/DPS recommended denial and states, in  part,  the  election
package sent to the applicant clearly explained the program as well
as the cost that would incur  with  his  election.   The  applicant
stated the information in  the  retirement  packet  said  he  could
decline his election.  Section IX, paragraph 2, of  the  Retirement
Packet states, Reserve or Air National Guard members retiring  with
20 years of Active Duty Service must make an SBP election  even  if
they previously had an election for RCSBP.  The paragraph does  not
apply to his retirement status, as he  was  not  retiring  with  20
years of Active Duty service.

In accordance with Title 10, U.S.C., Section 1452(b)(3),  if  child
only coverage is elected, there will always be a cost deducted from
the member’s retired pay even though the  child  is  no  longer  an
eligible beneficiary.  The payment is for the coverage that was  in
effect for the period before the servicemember became  entitled  to
receive retired pay.

A complete copy of the Air Force evaluation is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 Mar 05, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response 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.  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.   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 Docket Number BC-2005-
00604 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 Jane Bachman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Feb 05, w/atchs.
    Exhibit B.  Letter, ARPC/DPS, dated 14 Mar 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Mar 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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