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AF | BCMR | CY2007 | BC-2005-03855
Original file (BC-2005-03855.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-03855

            COUNSEL: NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE: 20 JUNE 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be changed to allow him to withdraw  his  participation  in  the
Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not properly advised of the impact of each election option.   If  all
the information had been made available to him he would  have  declined  SBP
and obtained alternate insurance or another mechanism  for  support  of  his
family.

In support of his application, applicant submits a copy of a DD  Form  1883,
divorce decree, letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was notified of his eligibility to participate  in  the  RCSBP
in 1979.   His  DD  Form  1883,  Reserve  Component  Survivor  Benefit  Plan
Election Certificate dated 25 March 1980,  reflects  he  elected  Option  C,
Immediate Annuity for Spouse and Child, based on full retired pay.

_______________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPPE  recommends  denial.   ARPC/DPPE  states  the  applicant  received
Reserve retired pay on October 1992, and did not discontinue the program  on
the second anniversary of receiving
retired pay, as required by Title 10, United States Code (U.S.C.).   Section
1448a of Title 10 states “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 retire pay commences.”

According to Ms. B. P., Financial System Analyst for the  Reserve  Component
Survivor Benefits Plan Program, DFAS Cleveland; effective  1  October  2008,
any member who has paid 30 years of premiums, or has reached the age  of  70
will no longer be required to pay  charges  for  SBP  but  will  still  have
coverage under the SBP program.

ARPC/DPPE complete evaluation, with attachments, is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 3 February 2006, for review and response.  As of this date,  no  response
has been received by this office.

On 27 February 2006, the applicant requested a  30  day  extension  for  his
application (Exhibit D).

On 9 March 2006,  the  Board  staff  informed  the  applicant  that  due  to
statutory  mandates  an  extension  of  time  could  not  be   honored   and
recommended that he administratively close his case until  such  a  time  he
would be able to proceed (Exhibit E).

On 14 March 2006, the applicant  requested  that  his  case  be  temporarily
withdrawn (Exhibit F).

On 21 March 2006, the Board staff informed the applicant that his  case  had
been temporarily withdrawn (Exhibit G).

On 16 October 2006, the Board staff informed the  applicant  that  his  case
had been temporarily withdrawn for six months and that it will be  held  for
30 days and after that it will be closed without prejudice (Exhibit H).

On 27 October 2006,  the  applicant  provided  additional  documentation  in
support of his request to terminate his participation in the RCSBP  (Exhibit
I).

_______________________________________________________________

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 an error or an 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  and  adopt  its
rationale as the basis for our conclusion that the applicant  has  not  been
the victim of an error or an injustice.  The  applicant  is  requesting  his
records be changed to allow him to withdraw his participation in  the  RCSBP
because he was not properly advised on the impact of each option  of  RCSBP.
The applicant was forwarded an RCSBP package  which  explained  each  option
under RCSBP and the associated benefits.  Furthermore,  he  failed  to  take
advantage  of  his  opportunity  to  withdraw  from  RCSBP  on  the   second
anniversary of him receiving retired pay.  Moreover, the applicant  will  be
eligible to cease paying cost for SBP beginning 1  October  2008,  based  on
DOD  Financial  management  Regulations   Volume   7B,   Chapter   45,   any
servicemember who has paid 30 years of premiums, or has reached the  age  of
70 will be longer be required to pay charges  for  SBP  but  will  still  be
covered under the program.  Therefore, in the absence  of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought in this application.

4.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

_______________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of a 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  Docket  Number  BC-2005-03855
in Executive Session on 30 January 2007, under the  provisions  of  AFI  36-
2603:

                             Ms. Kathleen F. Graham, Panel Chair
                             Ms. Renee M. Collier, Member
                             Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Dec 05, w/atchs.
    Exhibit B.  Letter, ARPC/DPPE, dated 26 Jan 06, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 3 Feb 06.
    Exhibit D.  Letter, Applicant, dated 27 Feb 06.
    Exhibit E.  Letter, SAF/MRBC, dated 9 Mar 06.
    Exhibit F.  Letter, Applicant, dated 14 Mar 06.
    Exhibit G.  Letter, SAF/MRBC, dated 21 Mar 06.
    Exhibit H.  Letter, SAF/MRBC, dated 16 Oct 06.
    Exhibit I.  Letter, Applicant, dated 27 Oct 06.




                                             KATHLEEN F. GRAHAM
                                             Panel Chair

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