RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04978 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His official records be corrected to show he did not make an 
election for “spouse and children” with immediate coverage based 
on full retired pay under the Reserve Component Survivor Benefit 
Plan (RCSBP). 

 

2. His automatic deductions for RCSBP payments stop, and he 
receive back remittance of all RCSBP payments he has made since 
his retirement in 2010. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He did not make an election for “spouse and children” with 
immediate coverage based on full retired pay under the Reserve 
Component Survivor Benefit Plan (RCSBP). 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are described 
in the letter prepared by the Air Force office of responsibility 
which is included at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

ARPC/DPTT recommends denial, indicating there is no evidence of 
an error or injustice. The applicant was notified of his 
eligibility to participate in the RCSBP on 20 Sep 91, but he 
made no election. Therefore, per U.S.C. Title 10 § 1448, he was 
automatically enrolled in Option A, “Decline to make an election 
until Age 60,” effective 10 Jan 92. The applicant was afforded 
an opportunity to upgrade his election when Congress declared 
that 1 Mar 99 through 29 Feb 00 was an Open Enrollment Season. 
He took advantage of this opportunity by making an election for 


“Immediate Annuity” for “spouse and children” based on full 
retirement pay. Both he and his wife signed the DD Form 2656-3, Survivor Benefit Plan (SBP) and Reserve Component Survivor 
Benefit Plan (RCSBP) Open Enrollment Election, on 25 Jan 00. He 
clearly elected to participate in RCSBP as prescribed by Public 
Law 105-261, Section 642, dated 17 Oct 98, and his request 
should therefore be denied. 

 

The complete ARPC/DPTT evaluation, with attachments, is at 
Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 Feb 12 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

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 an 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 
(OPR) and adopt its rationale as the basis for our conclusion 
the applicant has not been the victim of an error of injustice. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2011-04978 in Executive Session on 15 Aug 12, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 15 Dec 11. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, ARPC/DPTT, dated 2 Feb 12. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12. 

 

 

 

 

 

 Panel Chair