RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-04003
INDEX CODE: 137.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to terminate his child-only coverage under the Reserve
Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His children are no longer eligible by age to receive benefits in the event
of his death.
In support of his request, the applicant provided a personal statement, a
copy of his DD Form 2656, Data for Payment of Retired Personnel, and a
Retiree Account Statement.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant elected RCSBP - Option C, Immediate Annuity for children
coverage based on full-retired pay on 15 December 1994.
He remarried in 2001, and did not request his spouse be added to his RCSBP
election.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states when the applicant completed the DD
Form 2656 to apply for his retired pay on 5 May 2007, he marked the block
in Section IX indicating that he wished not to participate in SBP. Since
he already had a valid RCSBP election in place (15 December 1994), he could
not make an election at age 60 to decline the coverage. The additional
instructions for the DD Form 2656, cited by applicant, are under the
heading "Reserve and Air National Guard Members Retiring with 20 Years of
Active Duty Service." The applicant did not have 20 years of active duty
service under the provision of Title 10, U.S.C., Section 8914; therefore,
these instructions do not apply to him.
The DD Form 2656 instructions do state that if a member elected Immediate
RCSBP coverage, (Option C), and the selected beneficiary is no longer
eligible, they need to annotate the remarks section and send supporting
documentation. In the case of children only coverage, there would be no
SBP cost associated with the election if the children had aged-out, but at
age 60 the member's monthly retired pay is reduced to account for the RCSBP
coverage from the date of election since no premiums are paid until the
member begins drawing retired pay. The applicant began drawing Reserve
retired pay on 12 July 2007, his 60th birthday. The applicant is currently
paying $11.25 per month to cover the RCSBP cost.
The applicant was provided information regarding the RCSBP prior to his
election. Members who elect RCSBP coverage receive annuity protection as
soon as they elect such coverage. During the period of RCSBP coverage, the
member paid no premiums. If the applicant had died before his children
aged out, they would have collected an annuity. The reduction for children
only coverage in retired pay is calculated so that the premiums for the
RCSBP coverage are paid over the course of the member's lifetime as
actuarially determined under the authority of Title 10, U.S.C., Section
1452(b)(3). The premiums will continue until the applicant has paid for a
total of 360 months.
The complete DPP evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 January 2008, the 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 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 compelling 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-2007-
04003 in Executive Session on 24 July 2008, under the provisions of AFI 36-
2603:
Ms. B J White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Garry G. Sauner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 November 2007, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 17 January 2008, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 25 January 2008.
B J WHITE-OLSON
Panel Chair
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