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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