ADDENDUM TO
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: RICHARD D. RIES
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, she requests her records be
corrected to reflect that she elected (Option A – Defer election to age 60)
of the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 10 Feb 06. For
an accounting of the facts and circumstances surrounding the applicant’s
request, and, the rationale of the earlier decision by the Board, see the
Record of Proceedings, with attachments, at Exhibit E.
On 30 May 06, through counsel, the applicant submitted a request for
reconsideration, contending that she was miscounseled as to the cost of the
RCSBP, resulting in her election of Option C of the plan. To support her
appeal, the applicant provided copies of her Notification of Eligibility
for Retired Pay at Age 60 and Audit of Retirement Points, dated 8 Feb 94;
RCSBP package and a letter from her congressman, dated 31 Mar 06 (reply for
congressional inquiry).
The applicant’s complete submission is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing this application and the evidence provided in support
of the appeal, we remain unpersuaded that the applicant’s record was in
error or unjust. The record indicates the applicant elected Option C
(immediate annuity), which she now claims was a result of miscounseling.
However, we found no evidence to substantiate her claim. 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. Had the applicant died during the 12-year period
after making her election, her beneficiary would have been paid the
proceeds in accordance with applicable laws and statutes. The applicant,
after benefiting from electing Option C, now wants the Board to be
convinced that she did not understand the election or the cost of that
election, she made 12 years ago. We are not so convinced. Should the
applicant provide documentation to further substantiate her claim, we would
be willing to reconsider her petition. In view of the above, we find no
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 this application in Executive
Session on 24 July 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 E. Record of Proceedings, dated 6 Feb 06,
with Exhibits.
Exhibit F. Applicant’s Letter, dated 22 May 06, with
attachments.
KATHY L. BOOCKHOLDT
Panel Chair
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