RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02431
INDEX CODE: 137.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 FEBRUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to withdraw from the Reserve Component Survivor Benefit Plan
(RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not mark the box that indicated his desire not to participate in the
SBP; and, by default, coverage for his spouse was established. He did not
realize his mistake until 17 Jun 06.
He was under the impression he would have another opportunity to validate
SBP options prior to his 60th birthday. He also claims medical and family
problems added to his confusion.
He had a premature departure from the Air Force in Dec 04, for unknown
medical reasons.
In support of his request, applicant provided copies of medical records
indicating his increasing symptoms and subsequent surgery to remove a brain
tumor.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 Jan 03, the applicant was notified of his eligibility to participate
in the RCSBP after completing 20 satisfactory years of service. The
election package, sent by certified mail, was signed for on 7 Feb 03. By
law, Title 10, United States Code (U.S.C.), Section 1448, he had 90 days
from receipt of the RCSBP packet to make an election. There is no evidence
he made an election within the 90-day suspense. Since the applicant was
married, he was automatically enrolled in RCSBP (immediate coverage for
spouse) in accordance with Title 10, U.S.C., Section 1448(a)(2)(B).
Applicant’s date of birth is 22 Sep 46. He turned age 60 on 22 Sep 06.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP reviewed this application and recommends denial. The applicant
was properly advised of his options and the requirements of the law and
elected not to respond; therefore, the automatic election of immediate
coverage for spouse was given as required by law.
A person may discontinue participation in RCSBP at any time during the one-
year period beginning on the second anniversary of the date on which
payment of retired pay begins (Title 10, U.S.C., 1448a). For Reserve
retirees, this is normally between age 62 and 63.
The ARPC/DPP complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 Sep 06, a copy of the Air Force evaluation was forwarded to the
applicant 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 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 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. However,
the applicant will have an opportunity to discontinue participation in the
RCSBP at any time during the one-year period beginning on the second
anniversary of his receipt of retired pay. 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 Docket Number BC-2006-
02431 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 pertaining to Docket Number BC-2006-
02431 was considered:
Exhibit A. DD Form 149, dated 31 Jul 06, w/atch.
Exhibit B. Letter, ARPC/DPP, dated 8 Sep 06.
Exhibit C. Letter, SAF/MRBR, dated 15 Sep 06.
KATHLEEN F. GRAHAM
Panel Chair
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