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
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