RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03489
INDEX CODE: 137.04
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 MAY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect that she elected spouse only
coverage under the Survivor Benefit Plan, not the Reserve Component
Survivor Benefit Plan (RCSBP.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant states that her DFAS-CL 7220/48, Retiree Account Statement,
shows an error for the RCSBP cost of $29.66 and request this error be
corrected. Eleven years ago, in Feb 92, she signed up for spouse only
coverage. She chose option C because their were no mention of RCSBP
cost in Section VI, and the base personnel office did not make her
aware of the cost associated with electing Option C. She never
expected to pay for anything except for one payment for spouse only
survivor benefit.
In support of her request, applicant submits a personal statement; a
copy of Air Reserve Personnel Center (ARPC) Form 123, Reserve
Component Survivor Benefit Plan Election Certificate, dated 22 Mar 94
and DFAS-CL 7220-148, Retirement Account Statement, dated as of 1 Dec
05.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was notified of her eligibility to participate in the RCSBP
by letter dated 8 Feb 94. The ARPC Form 123, Reserve Component
Survivor Benefit Plan Election Certificate, she submitted reflects her
election as Option C, Immediate Annuity for Spouse Only, based on full
retired pay.
_________________________________________________________________
AIR STAFF EVALUATION:
HQ ARPC/DPP reviewed this application and recommended denial. They
provided the following analysis of the circumstances of the case:
The applicant was notified of her eligibility to participate in the
RCSBP by letter, dated 8 Feb 94. The ARPC Form 123, Reserve Component
Survivor Benefit Plan Election Certificate, she submitted reflects her
election as Option C, Immediate Annuity for Spouse Only, based on full
retired pay.
The applicant states the election form did not explain the RCSBP cost
that she would incur. The package that was sent to the applicant did
explain each option of the RCSBP and associated benefits. It also
specifically included that the cost for RCSBP is composed of the
Reserve portion for coverage before age 60 and the SBP portion for
coverage after age 60. Examples were also included in the package to
show the member how to compute her cost. A cover letter was provided
with contact numbers for the applicant to call for questions.
The applicant further states that when she signed up for RCSBP she did
not want the RC portion of the plan; however, the plan is based on a
formula designated by law.
Under Title 10 USC, Section 1448a, “A participant in the Plan may,
subject to the provisions of this section, elect to discontinue
participation in the Plan at any time during the one-year period
beginning on the second anniversary of the date on which payment of
retired pay commences.” Based on this, there are no provisions to
terminate her election until her second anniversary of receiving
retired pay. The applicant turned age 60 on 5 Oct 05. She must
continue to pay for premiums until her second anniversary based on her
election at the time of her retirement.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR STAFF EVALUATION:
In the applicant’s response to the evaluation, she reiterated her
original contentions and states that she never expected to pay for
anything except one payment for spouse only survivor benefit coverage.
Additionally, that the ARPC Form 123, that she signed back in Feb 92,
Section VI options A, B, and C, there was no mention of a coverage, or
any charge for choosing an option nor was she told that there would be
a charge when she complete the form on 22 Mar 94.
Applicant’s complete response is at Exhibit D.
_________________________________________________________________
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.
Applicant contends that she elected spouse only coverage under the
Survivor Benefit Plan (SBP), not the Reserve Component Survivor
Benefit Plan (RCSBP). She was not made aware of the cost of the plan
and request it be removed. Based on the evidence presented to this
Board, applicant was notified by HQ ARPC in Feb 94 that she was
eligible for the RCSBP and elected Option C, Immediate Annuity for
Spouse Only, based on full retired pay. The cost of the plan executed
by the applicant is based on a formula designated by law. Therefore,
we agree with the opinion and recommendation of the Air Reserve
Personnel Center and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. 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-
2005-03489 in Executive Session on 10 February 2006, under the
provisions of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Ms. Renee M. Collier, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Nov 05, w/atchs.
Exhibit B. Letter, HQ ARPC/DPP, dated 9 Dec 05, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 16 Dec 05.
Exhibit D. Letter, Applicant, dated 10 Jan 06, w/atch.
KATHY L. BOOCKHOLDT
Panel Chair
AF | BCMR | CY2005 | BC-2005-01435
_________________________________________________________________ APPLICANT CONTENDS THAT: Based on the information he received when he completed the Air Reserve Personnel Center (ARPC) Form 123, he believed he was required to choose an option at that time or at age 59½. The applicant contends he was not fully counseled on the options to participate in RCSBP. Novel, Panel Chair Ms. Kathy L. Boockholdt, Member Ms. Marcia J. Bachman, Member The following documentary evidence was...
AF | BCMR | CY2005 | BC-2005-00637
_________________________________________________________________ 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. The applicant contends he was not fully counseled on the options to participate in RCSBP. _________________________________________________________________ The following members of the...
AF | BCMR | CY2005 | BC-2005-00604
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. 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...
AF | BCMR | CY2014 | BC 2014 03865
He was not aware the ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, he signed on 14 Sep 94 requesting RCSBP spouse coverage would be used for retirement since he was not yet retired. We note the applicant did not request his RCSBP election for spouse coverage be terminated within 90 days of notification of eligibility for Reserve component retired pay IAW 10 U.S.C. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate...
AF | BCMR | CY2006 | BC-2006-02247
_________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his selection for the benefit in 1996, there was very little information provided to a reserve member on the cost of RCSBP. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial indicating that the RCSBP package that was sent to the applicant clearly explained each option of the RCSBP and the cost of associated benefits. We...
AF | BCMR | CY2006 | BC-2005-03489A
The record indicates the applicant elected Option C (immediate annuity), which she now claims was a result of miscounseling. Applicant’s record was thoroughly reviewed and there was nothing in the record which convinced us that she did not understand her options at the time she made her election, in Mar 94. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 24 July 2006, under the...
AF | BCMR | CY2007 | BC-2007-00035
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00035 INDEX CODE: 137.04 XXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 12 June 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s marital status be changed from “single” to “married” in the year 2001, and that his records be changed to show he elected to participate in the...
AF | BCMR | CY2007 | BC-2007-00978
Her husband was notified of his eligibility to participate in the RCSBP by letter dated 28 December 1988. He made no election within 90 days of receipt of notification, and was automatically enrolled in Option A, “Deferred Election Until Age 60.” During the RCSBP Open Seasons 1 April 1992 through 31 March 1993, and 1 March 1999 through 29 February 2000, members who had elected less than full coverage or no coverage for their spouse/children were able to change their election to cover their...
AF | BCMR | CY2004 | BC-2004-03077
On 27 Dec 92, he executed ARPC Form 123 electing spouse and child coverage, under Option C (immediate annuity), based on full retired pay. On 17 Feb 04, he executed DD Form 2656, Data for Payment of Retired Personnel, electing not to participate in the SBP. Novel, Member Mr. Michael K. Gallogly, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Sep 04, w/atchs.
ARMY | BCMR | CY2010 | 20100028722
The applicant provides one of the FSM's Retiree Account Statements with an effective date of 5 December 2005. The statement shows the FSM elected spouse-only SBP coverage and shows his spouse's DOB as 27 September 1948. It would be appropriate to correct his DFAS records to show he elected former spouse coverage and option B under the RCSBP.