RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-03829
INDEX CODE:  137.04
XXXXXXXXXXXXXXX	 			COUNSEL: NONE

XXX-XX-XXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His Reserve Component Survivor Benefits Plan (RCSBP) election be changed from Option “A” (Decline to make an election until age 60) to Option “C” (Immediate Annuity).  

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APPLICANT CONTENDS THAT:

During his 20 years of service briefing (done over the phone by Air Reserve Personnel Center (ARPC) personnel), he was told he had to make a Survivor Benefits Plan election.  He was told the best thing to do was select Option “A” and when he actually retired from the Reserve he would get a package explaining retirement pay and benefits options completely.  He agreed and elected Option “A.”  Several months later he received information on the RCSBP and, after reviewing it, contacted ARPC to change his election to Option “C.”  He was told it was too late to make an election change and he would have to wait until he actually retired.  When he did retire, he was living in Romania and he never received his retirement paperwork until after he returned to the United States and contacted ARPC.  At the time he finally received his retirement paperwork; he failed to notice that he didn’t receive the paperwork to change his election for RCSBP.  He didn’t discover the oversight until just recently.  Because of the time delay from his actual retirement date, ARPC informed him to submit an appeal to the Air Force Board for Correction of Military Records to have his election changed.  

The applicant provided no evidence in support of his appeal.  The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

According to the Military Personnel Data System (MilPDS), the applicant served as a commissioned officer in the Air Force Reserve with a Total Federal Commissioned Service Date (TFCSD) of 2 June 1978.  He was promoted to the grade of lieutenant colonel effective and with a date of rank of 2 June 1999.  Effective 27 January 2003, the applicant was assigned to the Retired Reserve Section (Awaiting Pay at Age 60 (27 May 2013)).  He was credited with 25 years, 9 months, and 17 days of satisfactory Federal service.  

On 12 May 1998, the applicant elected Option “A” on ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate.  

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AIR FORCE EVALUATION:

ARPC/DPS recommends denial.  DPS states that the applicant was eligible to participate in the RCSBP on 14 November 1997 when he completed 20 satisfactory years of service.  He annotated and signed an ARPC Form 123 on 12 May 1998 electing RCSBP Option “A” (I decline to make an election until age 60).  The applicant had an opportunity to change his election during the 1 March 1999 to 29 February 2000 open enrollment season; however, even though a package was sent to him, he did not change his election.  It is DPS’s opinion that an injustice has not occurred.  DPS states the applicant remains eligible to make an election at age 60.  The DPS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He accepts the fact that he made a mistake in selecting Option A during his first selection opportunity.  However, he never received a letter 

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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.  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 completed and signed an ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, declining supplemental coverage (Option A), for his spouse.  The applicant claims it was an oversight that he did not change his RCSBP election at the time he retired.  The applicant also did not take the opportunity to elect coverage during the 1 March 1999 – 29 February 2000 SBP open enrollment season.  We note the February issue of Afterburner, News for USAF Retired Personnel, states that there is another SBP open season set to begin on 1 October 2005.  During open season, retirees not currently participating in the SBP will be eligible to elect coverage.  In addition, the applicant remains eligible to make an election at age 60.  In view of the above and absent evidence the applicant was provided erroneous information, appropriate regulations were not followed, or he was treated differently from other members similarly situated, we find no basis to disturb the existing record.  Accordingly, the applicant’s request is not favorably considered.

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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 this application in Executive Session on 7 July 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-03829:

	Exhibit A.  DD Form 149, dated 6 Dec 04.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, ARPC/DPS, dated 4 Jan 05, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 5 Jan 05.
	Exhibit E.  Applicant’s Rebuttal, dated 1 Mar 05.