RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00528
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he elected Option (C),
spouse and child coverage under the Reserve Component Survivor
Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not aware that he had to make an election under the RCSBP.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Reserves on 1 Mar 10. He was
automatically enrolled in Option A, Decline to make an election
until age 60.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP recommends denial. ARPC/DPP indicates that the
applicant was notified of his eligibility to participate in the
RCSBP via letter on 22 Jun 98. The election package was sent to
his home address via a letter dated 22 Jun 98. He did not make
an election, and was automatically enrolled in Option A, Decline
to make an election until age 60.
He had several opportunities to enroll in the RCSBP during open
enrollment seasons, but he did not participate at that time.
According to DPP, the applicant will have another opportunity to
enroll in the RCSBP when he turns age 60, on 24 Jun 12. Four
months prior to his birthday, he will be given an opportunity to
apply for his retired pay, and at this time he can make an RCSBP
election for his family members.
The complete ARPC/DPP 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 4 Jun 10, 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicants 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 the applicant has not
been the victim of an error or injustice. In view of the above
and 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 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.
_________________________________________________________________
The following members of the Board considered Docket Number BC-
2010-00528 in Executive Session on 14 Oct 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Feb 10, w/atchs.
Exhibit B. Applicants Military Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 15 Apr 10, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 4 Jun 10.
Panel Chair
AF | BCMR | CY2009 | BC-2009-01017
In support of the application, the applicant submits a letter to her husband’s commander, the Air Reserve Personnel Center’s letter to her late husband, and her late husband’s death certificate. DPP states the former service member was required to make an RCSBP election within 90 days of receipt of notification; however, he did not make an election when eligible in 1990. The applicant’s complete response is at Exhibit...
AF | BCMR | CY2012 | BC-2012-00640
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00640 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show that he elected Option C (Immediate Annuity), under the Reserve Component Survivor Benefit Plan (RCSBP), for spouse and child coverage, based on full retired pay. ...
AF | BCMR | CY2010 | BC-2009-02505
DPP notes the ARPC Form 123, RCSBP Election Certificate, reflects the servicemember elected Option A, decline to make an election until age 60. The evidence of record shows that the applicant’s deceased husband, upon notification of his eligibility for retired pay at age 60, originally elected Option A under the RCSBP thereby electing not to make a decision regarding coverage for the applicant until he reached age 60. The evidence of record does show the deceased service member requested...
AF | BCMR | CY2007 | BC-2007-01076
She retired in June 2004 and noticed she had been given several RCSBP election options that her now deceased spouse would have had but did not. She contends her spouse should have had the same paperwork at his retirement. She notes her husband was retired prior to his death and should have been given the same options all other retired members receive; such as an opportunity to update his election.
AF | BCMR | CY2010 | BC-2010-02261
She was not informed that she could change her election when she got married in 2002. In addition, the applicant indicates that she was not aware she had the option of changing her election upon her marriage or of the open season; however, she has not provided sufficient evidence to show she did not have enough information available to her to make an informed decision. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the...
AF | BCMR | CY2007 | BC-2007-00978
Her husband was notified of his eligibility to participate in the RCSBP by letter dated 28 December 1988. He made no election within 90 days of receipt of notification, and was automatically enrolled in Option A, “Deferred Election Until Age 60.” During the RCSBP Open Seasons 1 April 1992 through 31 March 1993, and 1 March 1999 through 29 February 2000, members who had elected less than full coverage or no coverage for their spouse/children were able to change their election to cover their...
AF | BCMR | CY2010 | BC-2010-02877
___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Sep 10 for review and comment within 30 days. Therefore, because the former member did not take action to ensure the Air Force personnel system was updated, the Legal Advisor does not find it appropriate to charge the former members negligence against the applicant by denying coverage which Congress intended....
AF | BCMR | CY2010 | BC-2010-00389
________________________________________________________________ APPLICANT CONTENDS THAT: Her late husbands record is in error because at the time of his death, he was eligible for Reserve retirement pursuant to Title 10, United States Code (USC), Section 12731, thereby making his spouse eligible to receive RCSBP effective the date of his death, 19 Oct 09. The member was notified, by letter, of his eligibility to participate in the RCSBP in 2000 and that he had 90 days in which to make an...
_________________________________________________________________ AIR FORCE EVALUATION: The Director of Personnel Program Management, HQ ARPC/DPP, stated that the member began drawing Air Force Reserve retired pay effective 5 Aug 93, his 60th birthday, until his death on 18 Jul 98. A complete copy of this evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and...
AF | BCMR | CY2010 | BC-2010-00206
Applicant's complete submission is at Exhibit A. The complete ARPC/DPP evaluation is at Exhibit B. Exhibit C. Letter, SAF/MRBR, dated 16 Jul 10.