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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