RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03324
INDEX CODE: 137.04
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 MAY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to show he elected to participate in the
Reserve Component Survivor Benefit Plan (RCSBP) with an election for
spouse coverage.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The subsequent passage of Section 644, P.L. 108-375 which phased
elimination of the two-tier method of computation of survivor benefits
make the survivor benefits to be more attractive and a favorable
investment. Prior method of computation would not justify the cost,
however, this new method does.
In support of his application, the applicant has provided a copy of DD
Form 2656-2, Survivor Benefit Plan (SBP) Termination Request, and
Afterburner News publications.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was married on 26 August 1954 and he elected Reserve
Component SBP (RCSBP) spouse and child coverage based on full retired
pay (immediate annuity), when he became eligible to receive retired
pay except for attaining age 60. He began receiving retired pay on 8
January 1994, his 60th birthday. The applicant submitted a valid
request to terminate his RCSBP coverage to DFAS-CL on 17 June 1998 and
his wife concurred in the election. DFAS-CL processed his request and
his SBP participation was terminated effective 21 August 1998.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRT recommends denial and states there is no evidence of Air
Force error, injustice or basis in law to grant relief.
AFPC/DPPTR’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
23 December 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.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded that he has been the victim of either an error or an
injustice. Applicant’s contentions are duly noted; however, we do not
find these uncorroborated assertions, in and by themselves,
sufficiently persuasive to override the rationale provided by the Air
Force. In this respect, we note the applicant submitted a valid
request to terminate his RCSBP coverage and his wife concurred with
the desired change to his election. We therefore agree with the
recommendation of the Air Force and adopt the rationale expressed as
the basis for our decision that the applicant has failed to sustain
his burden that he has suffered either an error or an injustice. In
view of the above and absence persuasive evidence to the contrary, we
find no compelling basis to recommend granting the relief sought.
_________________________________________________________________
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-
2005-03324 in Executive Session on 15 June 2006, under the provisions
of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Renee M. Collier, Member
Ms. Marcia Jean Bachman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Oct 05, w/atchs.
Exhibit B. Letter, ARPC/DPS, dated 14 Dec 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 23 Dec 05.
MICHAEL K. GALLOGLY
Panel Chair
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