RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03833
				INDEX CODE:  137.00

				COUNSEL:  None

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be changed to allow him to terminate his participation in the Reserve Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

He was never informed that $71.00 would be taken out of his retired pay in order for his wife to receive $200.00 upon his death.  It makes no sense to pay over $800.00 a year for that, plus it would offset his wife’s social security.  His wife feels she should have been counseled and asked to sign the document along with him after everything had been explained.  They were not aware of this until they received their first retirement check in July 2003.  They signed a DD Form 2656 with witnesses saying they did not want this coverage.  When he signed the forms in 1990, he thought he was upgrading his life insurance from $100,000 to $200,000.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant was eligible to participate in the RCSBP on 11 January 1990.  On 22 June 1990, he elected Option CA, Annuity for Spouse, based on full-retired pay.

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AIR FORCE EVALUATION:

ARPC/DPS states the applicant contends he was not counseled on the amount of the cost to participate in the RCSBP program.  The cover letter on the RCSBP package that was forwarded to the applicant explained how to compute the cost.  The package also included examples showing the servicemember how to compute the cost.

ARPC/DPS further states that under Title 10, United States Code (USC), Section 1448a, a servicemember may elect, between his second and third anniversary of receiving retired pay, to discontinue coverage under RCSBP.  However, if the servicemember withdraws before that time he must pay until his second anniversary.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submitted a copy of the DD Form 2656 showing he and his wife declined SBP coverage on 3 November 2003.  He further states he was informed by Nellis AFB that he should not be paying for SBP or RCSBP (Exhibit D).

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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 the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The applicant contends he was not counseled on the cost to participate in RCSBP.  The RCSBP package that was forwarded to him contained information regarding the costs for RCSBP and examples on how to compute the cost.  Furthermore, Title 10 U.S.C., Section 1448a, authorizes the servicemembers between their second and third anniversary of drawing retired pay the option to discontinue their coverage under RCSBP.  To provide the applicant additional time to terminate his participation in RCSBP would be unfair to other retirees in similar situations.  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-2003-03833 in Executive Session on 27 January 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 7 Nov 03, w/atchs.
	Exhibit B.	Letter, HQ ARPC/DPS, dated 1 Dec 03.
	Exhibit C.	Letter, SAF/MRBR, dated 5 Dec 03.
	Exhibit D.	Letter, Applicant’s Response, undated, w/atchs.