RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01618
		INDEX CODE:  137.04

  	COUNSEL:  NONE

  XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Reserve Component Survivor Benefit Plan (RCSBP) election he made on 25 Feb 91 be accepted and the second election (24 Apr 92) be cancelled.  

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APPLICANT CONTENDS THAT:

The election forms he signed in Feb 91 and Apr 92 are extremely different and very confusing.  He believes that he was unjustly coerced into selecting the 20 percent level in 1992 without a full explanation at the time.  He was never informed that the 20 percent election would result in three times the amount being deducted for premiums from his retirement pay.

In support of his request, applicant submits a copy of ARPC Form 123, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, dated 25 Feb 91, and his ARPC Form 123-2, Reserve Component Survivor Benefit Plan (RCSBP) Open Enrollment Election (1 Apr 92 - 31 Mar 93) Supplemental Survivor Benefit Plan - Options B&C, dated 24 Apr 92.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Information provided by the applicant reflects he was married on 27 Dec 70.  His date of birth is 30 Jul 43.

On 25 Feb 91, he executed ARPC Form 123, electing RCSBP spouse and child coverage under Option C (full immediate coverage).  On 24 April 92, under the open enrollment authorized by Public Law 101-189, he changed his RCSBP election to include 20% supplemental coverage.

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AIR STAFF EVALUATION:

HQ ARPC/DPS reviewed this application and recommended denial.  During the RCSBP open enrollment season (1 Apr 92 to 31 Mar 93), records indicate the applicant made a change to his RCSBP election by adding supplemental coverage to his plan.  The open enrollment package clearly explained the supplemental coverage cost, as well as the benefits, and advised the member to contact HQ ARPC if he had any questions.
Applicant now requests to participate in the RCSBP; however, not in the supplemental portion.  In accordance with Title 10 USC, there is no provision where the member can change an election after the initial 30 days have lapsed.  Title 10 USC, Sec. 1448a, states the member may elect, between his 2nd and 3rd anniversary of drawing retired pay to discontinue coverage.

ARPC records do not show that the applicant was improperly counseled or misinformed.  Upon making an election, member was obligated to pay into the program for two years before he could discontinue coverage.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR STAFF EVALUATION:

In the applicant’s response to the evaluation, he reiterated his original contentions and states that he was not counseled properly and notes that the fact that two different enrollments were accepted at that time shows how confusing the process was.  Additionally, he adds that he was never contacted to correct the situation and determine which program was best for him.

Applicant’s complete response is at Exhibit E.

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2003-01618 in Executive Session on 27 January 2004, under the provisions of AFI 36-2603:

   Exhibit A.  DD Form 149, dated 3 May 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPS, dated 27 May 03.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 03.
   Exhibit E.  Applicant's Response, dated 20 Nov 03.

                                   Panel Chair