RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00076

   	COUNSEL:  NONE

   	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that in 1972, he terminated his participation in the Retired Serviceman’s Family Protection Plan (RSFPP).

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APPLICANT CONTENDS THAT:

He elected to participate in the RSFPP when he retired; however, in 1972 the Survivor Benefit Plan (SBP) came about.  When he elected SBP coverage, he was suppose to terminate his participation in the RSFPP, and failed to do so.  Over the years he has made phone calls regarding this matter; however, his RSFPP coverage was not terminated until January 2002.

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

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STATEMENT OF FACTS:

Prior to his 1 June 1968 retirement, the applicant elected spouse and child coverage under the RSFPP.

During the one-year open enrollment period (1 October 1981 - 30 September 1982) authorized by Public Law 97-35 (PL 97-35), he elected spouse only coverage; however, he did not request termination of his RSFPP coverage.  Spouse coverage under the RSFPP and SBP continued until September 2002, when RSFPP coverage was terminated.

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AIR FORCE EVALUATION:

AFPC/DPPTR recommends the application be denied and states, in part, that the applicant was required by law to submit a written request in order to terminate RSFPP coverage.  Although he contends he made telephone calls over the years, there is no evidence he submitted a written request prior to March 2002.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 31 January 2003 for review and response within 30 days.  However, as of this date, this office has received no response.

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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.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that relief should be granted.  Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The office of primary responsibility has adequately addressed applicant’s contentions and we agree with their opinion and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden that she has suffered either an error or an injustice.  Hence, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered Docket Number BC-2003-00076 in Executive Session on 30 September 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Dec 03, w/atch.
    Exhibit B.  Member's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPTR, dated 27 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.