RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02627
INDEX CODE:
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to allow him to withdraw his participation in
the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His wife and he do not want RCSBP and he has filed the paperwork
necessary to discontinue his participation. He was not made aware
that a selection for RCSBP had to be made within 90 days after he
retired in December 2004. In fact, he was not made aware of his
current situation until 23 August 2006. He originally had elected a
reduced RCSBP when he received his first packet on 3 April 2006.
After discussing his decision with his spouse and taking into
consideration he has an SBP election in force from his federal
position and his wife’s social security and State retirement, they
both felt she did not need another annuity. He recently called to
check on the status of his request and found out that since he was
married and had not made an election within 90 days after his
retirement that the election of Option C, Immediate Annuity for
Spouse, was made for him.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
He was notified of his eligibility to participate in the RCSBP by
letter dated 6 June 2005. The election package was sent to his
current address on file and he made no election during that time. He
was therefore automatically enrolled in Option C, Immediate Annuity
for Spouse.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP recommends denial. DPP states the applicant may
discontinue the program on the second anniversary of receiving retired
pay, as required by Title 10. Under Title 10, United States Code
(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.”
DPP’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
22 September 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. However, since each participant of the SBP is
entitled to a disenrollment period that begins after two full years of
being entitled to receive retired pay (between the ages of 62 and 63)
he will have the opportunity to opt out of the program at that point.
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-
2006-02627 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 23 Aug 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated, 15 Sep 06, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 22 Sep 06.
KATHLEEN F. GRAHAM
Panel Chair
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