RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01138 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her records be corrected to show she declined Reserve Component 
Survivor Benefit Plan (RCSBP) coverage at the time she was 
eligible for Reserve retired pay and premiums be refunded. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was miscounseled and unintentionally enrolled in RCSBP. She 
was informed at the time of her retirement notification that she 
could change her election at age 60. 

 

In support of her request, the applicant provided a copy of ARPC 
Form 83, Application for Retired Pay, DD Form 2656, Data for 
Payment of Retired Personnel, Reserve Order EK-3272, a Letter 
from ARPC/DPPR, and a copy of a Retiree Account Statement. 

 

Applicant’s complete submission, with attachments, is at Exhibit 
A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant was notified of her eligibility to participate in 
the RCSBP by letter dated 29 August 2005. She made no election 
during that time and was automatically enrolled in Option C, 
"Immediate Annuity for spouse." 

 

In November 2008, the applicant submitted a DD Form 2656, 
electing not to participate in SBP. 

 

_________________________________________________________________ 

 

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 the applicant would be considered to have 
made an election. If married, option "C" would be elected. If 


not married, then option "A" would be elected for her. A cover 
letter was provided with contact phone numbers for the applicant 
to call with questions. 

 

In 2008, the applicant was sent a letter notifying her that she 
was eligible to apply for Reserve retired pay to be effective on 
11 January 2009, her 60th birthday. Included with the letter was 
some general information on retired pay, the appropriate pay 
application forms, and information regarding her RCSBP election 
of automatic option "C." When the applicant filled out her 
application for retired pay DD Form 2656, she changed her 
election from spouse to electing not to participate in SBP. 
Records indicate that her retired pay order was published, and 
her case forwarded to the Defense Finance and Accounting Service 
(DFAS) prior to her 60th birthday where her retired pay account 
was established. 

 

The applicant may discontinue the program on the second 
anniversary of receiving retired pay, as required by Title 10. 
Under Title 10 U.S.C., Section 1448a, "A participant in the plan 
may, subject to the provisions of this section, elect to 
discontinue participation in the plan at any time during the one-
year period beginning on the second anniversary of the date on 
which payment of retired pay commences." 

 

The DPP complete evaluation, with attachments, is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 15 May 2009, 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. 

 

_________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

SAF/MRB Legal Advisor makes no recommendation. The Legal Advisor 
states the applicant may in fact have been miscounseled or 
confused since one of the options is to defer the decision, but 
to exercise this option the election paperwork must be returned. 
In this regard, consider how she states it herself in her 
application, that she could change the decision she made today, 
which sounds like she did intend to make a decision in 2005, not 
have one made for her by default. Moreover, she invites the 
panel to review the package in its entirety (not just the quotes 
above) as to whether they believe the package clearly 
communicates that failure to return it will take away the 
applicant's option to decline coverage at age 60. The applicant 
is a lieutenant colonel and did not return the paperwork as 
directed. At the same time, the panel may find, as he does, that 


the package is far from a model of clarity, and there may have 
been honest miscommunication in explaining the various options. 

 

The Legal Advisor's complete evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 24 June 2009, a copy of the Legal Advisor's evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit E). 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 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. The 
applicant’s contentions are duly noted; however, we agree with 
the opinion and recommendation of the Personnel Program 
Management Division 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-2009-01138 in Executive Session on 29 September 2009, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 


 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2009-01138 was considered: 

 

 Exhibit A. DD Form 149, dated 14 March 2009, w/atchs. 

 Exhibit B. Letter, ARPC/DPP, dated 7 May 2009, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 15 May 2009. 

 Exhibit D. Letter, SAF/MRB, dated 19 June 2009. 

 Exhibit E. Letter, AFBCMR, dated 24 June 2009. 

 

 

 

 

 

 

 

 Panel Chair