RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04332 COUNSEL: NONE HEARING DESIRED: YES ___________________________________________________________ APPLICANT REQUESTS THAT: Her Reserve Component Survivor Benefit Plan (RCSBP) election be withdrawn. ___________________________________________________________ APPLICANT CONTENDS THAT: Through attending retirement sessions, she learned her SBP election was not explained or presented accurately. What she believed she was electing was not, in fact, the case. In 2000, she inquired about the SBP program because of a friend’s death. She desired to have her brother as an insurable interest until receiving retirement pay and then cancel. She was told that she would pay approximately $200.00 per month for 2 to 3 years to cover the premiums between signing up and cancelling at the age of 60. The payments would then stop. She submitted the ARPC 123, Reserve Component Survivor Benefit Plan Election Certificate, believing she had what she needed. She did not realize anything was wrong until she attended a retirement briefing and learned the actual amount of the coverage was closer to $600.00. She was never briefed about the reserve add-on. She was also never briefed that it would continue for life. She never would have agreed to anything for life. She contacted the Air Reserve Personnel Center on two different days and spoke with two different individuals. Neither one of them was aware of the lifetime add-on premium. They also said at the time, not many people knew about the program and that things were not presented accurately. Both individuals also stated she should not have been allowed to sign up two years after her deadline. In support of her request, the applicant provides a copy of the ARPC Form 123, the ARPC Fact Sheet on RCSBP and the Defense Finance and Accounting System RCSBP Benefit Cost Sheet. The applicant's complete submission, with attachments, is at Exhibit A. ___________________________________________________________ STATEMENT OF FACTS: The applicant honorably retired from the Air Force Reserves in the grade of Colonel/O6 on 1 November 2011. The other relevant facts pertaining to this application, extracted from the applicant’s master personnel records, are described in the letter prepared by the Air Force office of responsibility which is at Exhibit B. ___________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial. According to their records, the member completed 20 satisfactory years of service on 30 September 1999. She was notified of her eligibility to participate in the RCSBP on 1 January 2000 and made an insurable interest election for her brother. The RCSBP information package is sent to members at the time they are notified and the package explains all aspects of the program. The Department of Defense Financial Management Regulation (FMR) Volume 7B explains a member who is eligible and wants to terminate coverage may send a written request to the responsible agent. The participant who voluntarily terminates coverage for a natural person with an insurable interest will pay the reserve add-on premium for the lifetime of the member; however, if the member terminates coverage before age 60, the add-on is prorated. A calculation shows the members RCSBP add-on cost is $161.74 a month. The DoD FMR further states no premiums are refunded as a result of terminating coverage. The applicant is eligible to participate in the SBP program upon turning 60 years old. The complete ARPC/DPTT evaluation, with attachments, is at Exhibit B. ___________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states she attained 20 years of service on 20 November 1998. She maintains she was never notified of the RCSBP enrollment from ARPC. She queried them about it following the death of a very good friend. She never received the RCSBP information package. There was never any mention of a reserve add-on for life, which is a critical omission. She was told the rate was around $600.00 and $160.00 for life if she cancelled the coverage that month. The information she received on her recent call was vastly different than the call she had 10 years earlier. While the RCSBP information available today was not available when she retired, she believes personnel are far more informed. Given the wealth of false information presented to her when she contacted ARPC at the time of her election, coupled with critical information being omitted, it is only right she be allowed the opportunity to adjust her SBP election with regard to the actual facts. The applicant’s complete response, with attachments, is at Exhibit D. ___________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, a majority of the Board believes the applicant has provided sufficient evidence to reflect she was miscounseled regarding the impact of her RCSBP election. We believe, as the applicant states, through no fault of her own, she was not provided the information necessary in order to make an informed decision. As such, the Board majority believes that any doubt in this matter should be resolved in her favor. Therefore, we recommend her records be corrected as indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ___________________________________________________________ RECOMMENDATION OF THE BOARD: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 11 March 2000, she elected to decline coverage under the Reserve Component Survivor Benefit Plan. ___________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04332 in Executive Session on 17 April 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member By a majority vote, the Board recommended to grant the application. XXX voted to deny the applicant’s request and submits a minority report. The following documentary evidence was considered pertaining to AFBCMR Docket Number BC-2011-04332: Exhibit A. DD Form 149, dated 1 Mar 11, w/atchs. Exhibit B. Letter, MASTER PERSONNEL RECORDS Exhibit C. Letter, ARPC/DPIT, dated 14 Apr 11. Exhibit D. Letter, SAF/MRBR, dated 27 Apr 11. Panel Chair