RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00552 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to withdraw his participation in the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: He was unable to complete the form for his SBP election in the 90 day time frame. Due to his wife’s illness, he was not able to have her signature witnessed by a notary public. The form was completed with option “A” as soon he was able to do so. In support of his request, the applicant provides a personal statement. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was notified of his eligibility to participate in the RCSBP in 2008. He made no election during that time and was automatically enrolled in Option C, immediate annuity for spouse and children. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP states the RCSBP package that was sent to the applicant clearly explained that if the election form was not received or postmarked within 90 calendar days of receipt of the package, then the applicant will be considered to have made an election. A cover letter was provided with contact phone numbers for the applicant to call with any questions, or concerns. Discontinuing the RCSBP program does not stop the Reserve Component portion of the plan. The Reserve portion is for coverage before age 60 should the applicant become deceased before collecting retired pay at age 60. The reduction in retired pay is calculated so that the premiums for the RCSBP coverage are paid over the course of the applicant’s lifetime as actuarially projected. The DPP complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 24 March 2010, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C). As of this date, this office has received no response. _________________________________________________________________ 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 an error or injustice. The applicant’s contentions are duly noted; 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00552 in Executive Session on 21 September 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00552 was considered: Exhibit A. DD Form 149, dated 30 January 2010, w/atch. Exhibit B. Letter, ARPC/DPP, dated 17 March 2010, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 24 March 2010. Panel Chair