RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2009-04185

COUNSEL: NONE

HEARING DESIRED: NO

APPLICANT REQUESTS THAT:

His Reserve Component Survivor Benefit Plan (RCSBP) election be changed from automatic option “C,” immediate annuity, to “B,” deferred annuity.

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APPLICANT CONTENDS THAT:

He did not know he had to make a selection for retirement benefits. He was on temporary duty (TDY) when the RCSBP package was sent to his house. Although his son signed for it, he did not inform him that the package was there. He was unaware how important the paperwork was.

In support of his application the applicant submits a copy of a special order, dated 25 Jan 2006, sending him TDY from 16 Feb 2006 to 28 Jun 2006.

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

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STATEMENT OF FACTS:

The applicant, a member of the Air National Guard (ANG), became eligible for the RCSBP in 2006. He was notified of his eligibility to participate via certified letter dated 21 Jun 2006. Official records show the applicant failed to make an election and was therefore automatically enrolled in option “C” of the RCSBP, which is Immediate Annuity.

Additional facts related to this application are contained in the evaluation prepared by the Air Force office of primary responsibility found at Exhibit C.

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AIR FORCE EVALUATION:

HQ ARPC/DPP recommends the applicant’s request be denied. By law, the RCSBP election is irrevocable.

The applicant states that his son signed for his RCSBP package and he was unaware of the package being sent. As such, he would like to change his election from “C” to “B.” The RCSBP package sent to the member clearly explained that if the election was not received or postmarked within 90 calendar days of the receipt of the package, then the member would be considered to have made an election. Although the applicant became eligible for RCSBP in 2006, he did not complete an application until 28 Sep 2009. The applicant may discontinue the program at any time during the one-year period starting on the second anniversary of the date on which payment of retired pay commences. However, discontinuing the RCSBP program does not stop the Reserve Component portion of the plan. Retired pay is calculated so that premiums for the RCSBP are paid over the course of the member’s lifetime as actuarially determined under the authority of Section 1452 (a) (1) (B), Title 10, U.S.C.

The complete DPP evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his is response to the Air Force evaluation, the applicant reiterates his contention that his son signed for the RCSBP package and that he was unaware the documents even existed until hearing some airmen he worked with discussing the options.

The 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 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 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-2009-04185 in Executive Session on 8 December 2010, under the provisions of AFI 36-2603:

, Panel Chair

, Member

, Member

The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 24 Sep 09, w/atchs.

Exhibit B. Letter, ARPC/DPP, dated 13 Jan 10.

Exhibit C. Letter, Applicant, dated 29 Jan 10.

Exhibit D. Letter, SAF/MRBR, dated 29 Jan 10.

Panel Chair