RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00552
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to withdraw his participation in the Reserve
Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was unable to complete the form for his SBP election in the
90 day time frame. Due to his wifes illness, he was not able to
have her signature witnessed by a notary public. The form was
completed with option A as soon he was able to do so.
In support of his request, the applicant provides a personal
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified of his eligibility to participate in
the RCSBP in 2008. He made no election during that time and was
automatically enrolled in Option C, immediate annuity for spouse
and children.
_________________________________________________________________
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, then the applicant will be considered to
have made an election. A cover letter was provided with contact
phone numbers for the applicant to call with any questions, or
concerns.
Discontinuing the RCSBP program does not stop the Reserve
Component portion of the plan. The Reserve portion is for
coverage before age 60 should the applicant become deceased
before collecting retired pay at age 60. The reduction in
retired pay is calculated so that the premiums for the RCSBP
coverage are paid over the course of the applicants lifetime as
actuarially projected.
The DPP complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 24 March 2010, 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.
_________________________________________________________________
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
applicants contentions are duly noted; 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 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 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-2010-00552 in Executive Session on 21 September 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00552 was considered:
Exhibit A. DD Form 149, dated 30 January 2010, w/atch.
Exhibit B. Letter, ARPC/DPP, dated 17 March 2010, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 24 March 2010.
Panel Chair
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