RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02247
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 28 JAN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he withdrew his participation
in the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
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.
He made his selection ten years ago believing he could change it when
he retired. He selected a coverage that he believed should be
provided to every member while in an active status. He received no
counseling at the time on the impact this would have on his future
earnings. He was never told he would have to pay for this coverage
when he retired.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available documentation indicates the applicant was notified of his
eligibility to participate in the RCSBP by letter dated 7 May 96. The
ARPC Form 123, Reserve Component Survivor Benefit Plan Election
Certificate, reflected his election of Option C, Immediate Annuity for
Spouse and Children, based on full retired pay.
_________________________________________________________________
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. Examples were also included in the
package to show the applicant how to compute his cost. A cover letter
was provided with contact phone numbers for the applicant to call for
questions.
According to ARPC/DPP, the applicant may discontinue the program on
the second anniversary of his receiving retired pay, as required by
Title 10. Under Title 10, U.S.C., 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."
A complete copy of the ARPC/DPP evaluation, with attachments, is at
Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, with attachment, was forwarded to
applicant on 4 Aug 06 for review and response within 30 days. As of
this date, no response has been received by this office (Exhibit C).
_________________________________________________________________
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;
however, we agree with the opinion and the recommendation of the Air
Force office of primary responsibility (OPR) and adopt its rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice. The applicant contends he was not
properly advised or counseled concerning the cost of participation in
the RCSBP. A review of the available evidence reveals the RCSBP
package that was forwarded to the applicant contained information
regarding RCSBP, its associated costs, and examples on how to compute
the cost. Furthermore, Title 10, U. S. C., Section 1448a, authorizes
servicemembers between their second and third anniversary of drawing
retired pay the option to discontinue their coverage under RCSBP. In
our opinion, to provide the applicant additional time to terminate his
participation in the RCSBP would be unfair to other retirees in
similar situations. In view of the foregoing, and 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-
2006-02247 in Executive Session on 5 Oct 06, 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 17 Jul 06.
Exhibit B. Letter, ARPC/DPP, dated 4 Aug 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 11 Aug 06.
MICHAEL K. GALLOGLY
Panel Chair
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