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AF | BCMR | CY2006 | BC-2006-00831
Original file (BC-2006-00831.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00831
            INDEX CODE:  137.03, 137.04

      STEPHEN E. THOMAS      COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reserve  Component  Survivor  Benefit  Plan  (RCSBP)  coverage  be
changed to Spouse Only coverage  rather  than  Immediate  Annuity  for
Children Only coverage.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not married at the time he separated  and  elected  Child  only
coverage.  The court has since  relieved  him  of  the  obligation  to
provide child support.  He received inadequate counseling at the  time
of his discharge and was not aware  he  had  only  one  year  to  make
changes to his RCSBP election to add his new spouse.

In support of his appeal, the applicant has  provided  copies  of  his
divorce decree and  associated  documents  as  well  as  his  marriage
certificate.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

He was notified by letter of his eligibility  to  participate  in  the
RCSBP.  The ARPC Form 123, Reserve  Component  Survivor  Benefit  Plan
Election Certificate, shows he elected Option C, Immediate Annuity for
children only coverage.  He remarried on 25 April 1993, and,  by  law,
he was to notify ARPC should he want to change his RCSBP  election  to
include his new spouse.  He failed to do  so.   Consequently,  he  was
ineligible to enroll her in the plan until an Open  Enrollment  period
occurred.   On  10  October  2005,  an  Open  Enrollment  Period   was
established by Public Law (PL) effective 1  October  2005  through  30
September 2006.  This Open Enrollment Period allows members to  change
their previous elections only for the purpose of  increasing  coverage
not to decrease it.  On 6 February 2006, he was  sent  an  RCSBP  Open
Enrollment package.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP notes there are no waivers to the one-
year rule with which members have  to  make  changes  to  their  RCSBP
election upon remarriage.  However,  an  Open  Enrollment  is  now  in
progress and DPP notes the applicant has not yet responded to an  Open
Enrollment package that was sent to him.   Regarding  his  request  to
suspend coverage for his children, DPP states in accordance with Title
10 U.S.C., Section 1448(4) (B), “a Reserve Component annuity  election
is irrevocable except in certain circumstances that  are  dictated  by
law.”  DPP states there will always be a small cost deducted from  his
retired pay since he elected children only coverage even if the  child
is no longer an eligible beneficiary.

DPP’s complete evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9
June 2006 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

_________________________________________________________________

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.   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.  While there is no waiver  of  the  one-year  rule
with which members have to make changes to their RCSBP  election  upon
remarriage we note  he  did  not  take  advantage  of  a  recent  Open
Enrollment package sent to him.  Regarding  revocation  of  his  child
only coverage, his RCSBP election is irrevocable by  law.   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-
2006-00831  in  Executive  Session  on  5  October  2006,  under   the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. John B. Hennessey, Member
      Ms. Kathy L. Boockholdt, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Mar 06, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 24 May 06, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 9 Jun 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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