Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2007-01228
Original file (BC-2007-01228.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01128
            INDEX CODE:  137.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 OCT 08

________________________________________________________________

APPLICANT REQUESTS THAT:

Her record be changed to show she elected  to  participate  in  the  Reserve
Component Survivor Benefit Plan (RCSBP) with election  Option  B,  based  on
full retired pay.

________________________________________________________________

APPLICANT CONTENDS THAT:

In 1997, she was informed that she would be able to elect an option for  SBP
when she retired.  She was never informed that her survivors  would  receive
nothing if she died before age 60 without an election.  She states  she  was
misinformed and not provided updates  in  regard  to  SBP.   Therefore,  she
believes she should be afforded the opportunity to make an SBP election.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant was notified of her eligibility to participate  in  the  RCSBP  by
letter dated, 11 October 1996.  The election package was sent  by  certified
mail on 6 November 1996.  She made no election  during  that  time  and  was
automatically enrolled in Option A, Deferred election until age 60.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP  recommends  denial.   DPP  states  during  RCSBP  open  enrollment
seasons, 1 March 1999 to 29 February 2000, and  1 October  2005  through  30
September 2006, 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 information  letter  was  sent  to
the applicant’s address.  The applicant did not respond.

The applicant was required to make  an  RCSBP  election  within  90 days  of
receipt of  notification  in  accordance  with  Title  10;  U.S.C.,  Section
1448(a)(2).  She did not make an election when eligible in 1996.   She  also
did not make an election during  the  1999-2000  and  2005-2006  RCSBP  open
enrollment periods.  The applicant will have another  opportunity  when  she
turns age 60 on 11 September 2013.

The applicant states that she was not informed that if she did not  make  an
election and she died  before  age  60  her  family  would  not  receive  an
annuity.  The information sent to the applicant  was  detailed  and  clearly
stated that if the member had any questions to  contact  this  office.   DPP
has no knowledge that the applicant called to inquire  about  her  benefits.
The applicant also said that her record  is  in  error,  that  it  does  not
reflect she has a husband and two  dependent  children.   DPP  records  show
that the family members are updated in their system.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and state she was misinformed  by  the
California Air  National  Guard  Personnel  Office  on  the  RCSBP  election
process.  Her record was miscoded with RCSBP Option A rather than Option C.

Applicant’s complete response is at Exhibit C.

________________________________________________________________

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 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 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  provided  opportunities  to  make  an  election.
However,  no  evidence  has  been  presented  to  show  the  applicant  took
advantage of the opportunities presented.  Her contention  of  miscounseling
is duly noted;  however,  we  do  not  find  her  uncorroborated  assertions
sufficiently persuasive to  override  the  rationale  provided  by  the  Air
Force.  Therefore, in the absence of evidence to the contrary,  we  find  no
compelling basis to recommend granting the relief sought.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error  or  an  injustice;  the  application  was  denied
without  a  personal  appearance;  and  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-2007-
01128 in Executive Session on 26 September 2007,  under  the  provisions  of
AFI 36-2603:

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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 April 2007.
   Exhibit B.  Letter, ARPC/DPP, dated 4 May 2007, w/atchs.
   Exhibit C.  Letter, SAF/MRBR, dated 11 May 2007.
   Exhibit D.  Letter, Applicant, dated 6 June 2007.




                       KATHLEEN F. GRAHAM
                       Panel Chair

Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-03468

    Original file (BC-2006-03468.doc) Auto-classification: Approved

    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-2007-01076

    Original file (BC-2007-01076.doc) Auto-classification: Denied

    She retired in June 2004 and noticed she had been given several RCSBP election options that her now deceased spouse would have had but did not. She contends her spouse should have had the same paperwork at his retirement. She notes her husband was retired prior to his death and should have been given the same options all other retired members receive; such as an opportunity to update his election.

  • AF | BCMR | CY2010 | BC-2010-02261

    Original file (BC-2010-02261.txt) Auto-classification: Denied

    She was not informed that she could change her election when she got married in 2002. In addition, the applicant indicates that she was not aware she had the option of changing her election upon her marriage or of the open season; however, she has not provided sufficient evidence to show she did not have enough information available to her to make an informed decision. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the...

  • AF | BCMR | CY2007 | BC-2006-02431

    Original file (BC-2006-02431.DOC) Auto-classification: Denied

    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 | CY2005 | BC-2005-02639

    Original file (BC-2005-02639.doc) Auto-classification: Denied

    She states she was unaware of the 1 March 1999 to 29 February 2000 ‘open season’ as no briefings were scheduled nor were any dates published nor was any information given as to what an ‘open season’ was or what it offered members in the way of changing options. _________________________________________________________________ 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...

  • AF | BCMR | CY2007 | BC-2006-02692

    Original file (BC-2006-02692.doc) Auto-classification: Approved

    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-2007-00978

    Original file (BC-2007-00978.DOC) Auto-classification: Denied

    Her husband was notified of his eligibility to participate in the RCSBP by letter dated 28 December 1988. He made no election within 90 days of receipt of notification, and was automatically enrolled in Option A, “Deferred Election Until Age 60.” During the RCSBP Open Seasons 1 April 1992 through 31 March 1993, and 1 March 1999 through 29 February 2000, members who had elected less than full coverage or no coverage for their spouse/children were able to change their election to cover their...

  • AF | BCMR | CY2007 | BC-2006-02627

    Original file (BC-2006-02627.doc) Auto-classification: Denied

    ), 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-2006-03123

    Original file (BC-2006-03123.doc) Auto-classification: Denied

    _________________________________________________________________ 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. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2007 | BC-2007-00035

    Original file (BC-2007-00035.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00035 INDEX CODE: 137.04 XXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 12 June 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s marital status be changed from “single” to “married” in the year 2001, and that his records be changed to show he elected to participate in the...