RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03468
            INDEX CODE:  137.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  13 MAY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show that  he  elected  to  participate  in  the
Reserve Component Survivor Benefit Plan  (RCSBP)  with  election  Option  C,
spouse only, based on full retired pay.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His selection is correct in AFPC records but does not reflect  in  the  AFRC
system.  The DD Form 2565 is located in Part III of his  permanent  military
record.

He completed the Survivor Benefit Plan (SBP)  election  form  on  10 Mar  05
after he was placed on the Temporary Disability Retired  List  (TDRL).   His
form was faxed to the appropriate office and the hard  copy  placed  in  his
military records.  He has been enrolled and has paid into  the  plan  during
this entire period.  He was briefed that his enrollment would be treated  as
an “open season” but was not told that this form would no  longer  apply  if
or after he came off TDRL status.  There was an “open  season”  during  this
period but since he was already enrolled, he  did  not  think  there  was  a
reason he needed to enroll again.  In 1993, when he  first  became  eligible
for a Reserve retirement, he was considered a  “non-responder”  because  the
Reserve Center said they did not receive his  election  form  on  time.   He
then enrolled in SBP.  He is being discharged effective 19 Nov 06 and  would
like his election transferred  to  the  Reserve  records  so  his  wife  can
collect benefits if anything were to happen to him  before  he  reaches  age
60.

He only became aware  of  his  problem  when  he  received  his  orders  and
instruction letter from HQ AFPC.  He contacted HQ AFRC/DPPPR  to  make  sure
he was doing everything properly.

In support  of  the  application,  the  applicant  submits  a  copy  of  his
notification election form dated 10 Mar 05, a copy of his retired leave  and
earnings statement, and a copy of his retirement order.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was honorably  discharged  and  retired  from  the  Air  Force
Reserves on 19 Nov 06 in the grade of senior master sergeant (E-8).


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.  DPP  states  the
applicant was notified  of  his  eligibility  to  participate  in  RCSBP  by
certified letter dated 23 Apr 93.  He made no election during that time  and
was automatically enrolled in Option A, “Deferred election until age 60.”

During the RCSBP Open Season of 1 Mar 99 to  29  Feb  00,  members  who  had
elected less than full coverage or no  coverage  for  their  spouse/children
were able to change  their  election  to  cover  their  families.   An  open
enrollment letter was sent to the applicant’s mailing  address;  however  he
did not participate.

On 29 Mar 05, the applicant went into the TDRL program  and  while  on  this
program the member was participating in SBP.  He was  not  notified  of  the
most recent RCSPB Open Season because he was already enrolled  in  SBP.   On
19 Nov 06, he was removed from the  TDRL  program  and  transferred  to  the
Inactive Status List Reserve Section and his SBP  was  terminated.   When  a
member permanently retires, their initial SBP  election  remains  unchanged.
However; SBP is terminated  if  a  member  returns  to  active  duty  or  is
discharged.  The applicant did not make  an  election  in  1993  before  his
TDRL; therefore, this election option remains as current in the system.

The applicant will be afforded  another  opportunity  to  make  an  election
under the RCSBP program upon reaching age 60 on 2 Aug 2013.

DPP  concludes  if  the  decision  is  to  grant  the  relief  sought,   the
applicant’s  record  should  be  corrected  to  show  he  elected  full  and
immediate coverage for spouse only (Option CA) under the RCSBP effective  23
Apr 93.

The complete DPP evaluation, with attachments, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 10 Jan 2006 [sic], the applicant states the reason  he
decided not to enroll in the RCSBP program in 1993 was because the cost  was
very expensive and he could  purchase  a  term-life  insurance  policy  that
produced a higher annuity at less cost.  Included in the cost of  RCSBP  was
a variable based on the age difference between member  and  spouse.   He  is
six years older than his wife and there was a higher premium  based  on  the
tables that accompanied the election form.  Added to this was the fact  that
her entitlement would drop from 55 percent to 35 percent  when  she  reached
age 62.

During the “open season” of 1 Mar 99 through 29 Feb 00,  he  inquired  about
changing his election.  He was briefed that the same rates  and  computation
were in effect so he did not change his election.

When entering TDRL status in Mar 05, he was  informed  that  rates  for  SBP
were now uniform at 6.5 percent and there were  no  premiums  based  on  age
difference  between  spouses.   His  wife  would  receive   a   55   percent
entitlement  as  long  as  she  lived.   His  health   status   has   change
substantially and enrollment in SBP  is  his  best  option.   He  was  never
informed that his return to active duty or  discharge  would  terminate  his
SBP.  Additionally, he was not  informed  of  the  most  recent  RCSBP  Open
Season which would have  been  available  to  him  because  he  was  already
enrolled in SBP.

The RCSBP has evolved since he first became eligible in 1993.   The  program
is now more affordable and cost effective. His  health  status  has  changed
dramatically since he first became eligible to enroll in the RCSBP.  He  was
not given the opportunity to participate in the last “open  season”  through
no fault of his own.  His intention to provide  coverage  for  his  wife  is
substantiated by his enrollment in SBP in Mar 05.  He has paid the  premiums
in full faith that his wife would be covered and the election he made in  05
was permanent (Exhibit D).

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice.  Based  on  the  applicant’s  contention
that he would have elected RCSBP coverage for his spouse during  the  latest
open season; however, he did not receive notification, we believe  that  any
doubt should be resolved in his favor.  Therefore, we recommend his  records
be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 23 April  1993,  he  elected  full
and immediate spouse only coverage (Option CA) under the  Reserve  Component
Survivor Benefit Plan (RCSBP), naming XXXXXXXXX as spouse beneficiary  based
on full retired pay.

_________________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2006-03468  in
Executive Session on 30 January 2007, under the provisions of AFI 36-2603:

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

The following documentary evidence was considered.

      Exhibit A.  DD 149, dated 5 Nov 06, w/atchs
      Exhibit B.  Letter, HQ ARPC/DPP, dated 3 Jan 07, w/atchs.
      Exhibit C.  Letter, SAF/MRBR, dated 5 Jan 07.
      Exhibit D.  Letter, Applicant, dated 10 Jan 06.



            KATHLEEN F. GRAHAM
            Panel Chair


AFBCMR BC-2006-03468




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating APPLICANT, be corrected to show that on 23 April 1993, he elected
full and immediate spouse only coverage (Option CA) under the Reserve
Component Survivor Benefit Plan (RCSBP), naming Debra J. Gochenour as
spouse beneficiary based on full retired pay.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency