RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00637
INDEX CODE: 137.00
COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 23 AUG 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to allow him to terminate his participation in
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he completed the Air Reserve Personnel Center (ARPC) Form 123, he
was advised that if he did not elect Option C, that if anything
happened to him prior to his retirement his spouse would not receive
any benefits. He and his spouse believed that the DD Form 2656 would
be used as their final election for SBP. His spouse does not need the
SBP because she is covered under a savings investment plan with his
civilian employer.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified of his eligibility to participate in RCSBP
on 22 January 1992.
On 23 March 2002, the applicant elected Option C, Immediate annuity
for spouse only and his spouse concurred with the election.
On 7 August 2004, HQ ARPC Retirement Branch forwarded the applicant
his age 60 retirement package. The retirement package included a copy
of the servicemember’s initial election and instructions on making
changes if his marital status had changed.
The applicant submitted a DD Form 2656 dated 23 August 2004, electing
not to participate in SBP and his spouse concurred.
The applicant retired on 3 October 2004.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPS states the Retirements Branch upon receipt of the applicant’s
DD Form 2656 informed him that he could not decline his RCSBP election
because it was irrevocable decision. However, in accordance with
Title 10 USC, Section 1448a, the servicemember may elect, between his
second and third anniversary of receiving retired pay, to discontinue
coverage under RCSBP. They further informed him if he decided to opt
out of the plan after two years, he must notify Defense Finance
Accounting Service (DFAS)-Cleveland of his decision. Therefore, based
on the information above, they recommend the requested relief be
denied.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to applicant
on 1 April 2005 for review and response 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 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 an error or an injustice. We took notice of the
applicant’s complete submission in judging the merits of the case;
however, we agree with the opinion and the recommendation of the Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or an injustice. The
applicant contends he was not fully counseled on the options to
participate in RCSBP. However, the applicant provides no persuasive
documentation that he was not provided all the appropriate
documentation to facilitate his making an RCSBP election. Title 10
U.S.C., Section 1448a, authorizes the servicemembers, between their
second and third anniversary of drawing retired pay, the option to
discontinue their coverage under RCSBP. To provide the applicant
another opportunity to terminate his participation in RCSBP would be
unfair to other retirees in similar situations. 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-
2005-00637 in Executive Session on 7 July 2005, under the provisions
of AFI 36-2603:
Mr. Michael Novel, Panel Chair
Ms. Kathy L. Boockholdt, Member
Ms. Marcia J. Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Feb 05, w/atchs.
Exhibit B. Letter, HQ ARPC/DPS, dated 24 Mar 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 1 Apr 05.
MICHAEL J. NOVEL
Panel Chair
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