RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03123
INDEX CODE: 137.04
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His record be changed to show he made no Reserve Component Survivor
Benefit Plan (RCSBP) election of any type.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not make an RCSBP election in 1994, he was not married at the
time and his children were aged 25, 22, and 17, and when he applied
for retired pay in 2006, he elected no RCSBP benefits.
In support of his appeal, the applicant has provided copies of his
Retiree Account Statement (RAS), his DD Form 2656, Data for Payment of
Retired Personnel, and a copy of a letter from the SBP clerk he dealt
with.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant received his official Letter of Notification of
Eligibility for Retired pay at Age 60 (20-year letter) in 1994.
Concurrent to receipt of the letter, members are also notified of the
opportunity to enroll in the RCSBP. On an Air Reserve Personnel
Center (ARPC) Form 123, RCSBP Election Certificate, he elected full
immediate coverage for his children. He signed the form on 14 August
2004. While there is no payment for RCSBP premiums until he begins to
draw retired pay, the law stated he couldn’t revoke coverage at age 60
when the premiums became due.
When he applied for retired pay in 2006, he marked the block
indicating he wished not to participate. Since he already had a valid
election in place (1994) he could not make an election at age 60 to
decline the RCSBP coverage. However, each participant of the SBP is
entitled to a disenrollment period which begins after two full years
of being entitled to receive retired pay (between ages 62 and 63).
Applicants must apply for this feature through the Defense Finance and
Accounting Service (DFAS) in order to opt out during the year they are
allowed to do so.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the member made a valid RCSBP
election for children only in 1994. This election was still valid
when he applied for retired pay at age 60; therefore he cannot decline
RCSBP coverage at age 60.
DPP’s complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 3
November 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.
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 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-
2006-03123 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 4 Oct 06, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 1 Nov 06, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 3 Nov 06.
KATHLEEN F. GRAHAM
Panel Chair
AF | BCMR | CY2007 | BC-2006-02431
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. 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...
AF | BCMR | CY2007 | BC-2006-02627
), 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...
AF | BCMR | CY2007 | BC-2006-02790
Since this RCSBP election was still valid the applicant could not make an election on his DD Form 2656 when he applied for retired pay. By law a member 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 commences. Since his RCSBP election was still valid when he applied for retired pay, he could not make a SBP election on his DD Form 2656.
AF | BCMR | CY2007 | BC-2006-03468
The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/DPP recommends denial of the applicant’s request. He made no election during that time and was automatically enrolled in Option A, “Deferred election until age 60.” During the RCSBP Open Season...
AF | BCMR | CY2007 | BC-2006-02692
While the former spouse did provide a copy of the divorce decree to DFAS, the paperwork that was filed by the former spouse was for former spouse benefits through the member’s Federal civilian retirement plan and not his military retirement. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22 April 1997, he elected full and immediate...
AF | BCMR | CY2007 | BC-2007-01228
DPP records show that the family members are updated in their system. 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. It appears the applicant was notified on several occasions of her eligibility to participate in RCSBP and...
AF | BCMR | CY2006 | BC-2006-02034
When a member makes an election to participate in the RCSBP, the election is irrevocable. ARPC/DPP complete evaluation, with attachments, is at Exhibit C. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the Air Force advisory and states he never received notice or information about withdrawing from RCSBP. _______________________________________________________________ THE BOARD DETERMINES THAT: The applicant...
AF | BCMR | CY2007 | BC-2005-03855
On 27 October 2006, the applicant provided additional documentation in support of his request to terminate his participation in the RCSBP (Exhibit I). 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. Exhibit B.
AF | BCMR | CY2008 | BC-2007-04003
The DD Form 2656 instructions do state that if a member elected Immediate RCSBP coverage, (Option C), and the selected beneficiary is no longer eligible, they need to annotate the remarks section and send supporting documentation. In the case of children only coverage, there would be no SBP cost associated with the election if the children had aged-out, but at age 60 the member's monthly retired pay is reduced to account for the RCSBP coverage from the date of election since no premiums are...
AF | BCMR | CY2002 | BC-2002-01011
He retired effective 1 February 2002 and is currently receiving retired pay. By law, once a member completes 20 years of TAFMS and applies for retired pay, the RCSBP election is no longer valid and the member must make an SBP election. However, he did receive SBP cost information when he elected RCSBP coverage in 1986.