RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-00669
		INDEX CODE:  137.03
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to withdraw his participation in the Reserve 
Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

He should be allowed to withdraw from the RCSBP since his 
beneficiary is no longer eligible to receive the benefits.

In support of his request, applicant provided a copy of his 
Retiree Account Statement, dated 1 Feb 08.

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

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STATEMENT OF FACTS:

The applicant was notified of his eligibility to participate in 
the RCSBP by letter dated 21 Nov 91.  The ARPC Form 123, Reserve 
Component Survivor Benefit Plan Election Certificate, reflects 
his election of Option C, Immediate Annuity for Children only, 
based on full retired pay.  Applicant’s date of birth is  XX XXX XX
.  

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  The member failed to take advantage 
of his one time opportunity to discontinue in the program on his 
second anniversary of receiving retired pay.  Under Title 10 
U.S.C., Section 1448a, “A participant in the Plan may, subject 
to the provisions of this section, elect to discontinue 
participation in the Plan at any time during the one-year period 
beginning on the second anniversary of the date on which payment 
of retired pay commences.”

The complete DPP evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 May 08, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days.  To date, a 
response has not been received.

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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 its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  We note Title 10, 
U.S.C., Section 1452(b)(3), if child only coverage is elected, 
there will always be a cost deducted from the member’s retired 
pay even though the child is no longer an eligible beneficiary.  
The payment is for the coverage that was in effect for the 
period before the member became entitled to receive Reserve 
retired pay.  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 Docket Number    
BC-2008-00669 in Executive Session on 25 September 2008, under 
the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member



The following documentary evidence pertaining to Docket Number 
BC-2008-00669 was considered:

    Exhibit A.  DD Form 149, dated 14 Feb 08, w/atch.
    Exhibit B.  Letter, ARPC/DPP, dated 30 Apr 08, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 9 May 08.




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