RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02262
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His Reserve Component Survivor Benefit Plan (RCSBP) be changed from
Option C to Option B.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He did not fully understand the implications of electing Option C
in his RCSBP; it would affect his retirement annuity at the age of
60. He did not realize that he was locked into his decision of
Option C once he reached age 60. He and his spouse did not foresee
a loss of civilian employment and retirement plans.
The applicant does not provide any supporting documentation.
His complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Air Force Reserve and was
progressively promoted to the grade of chief master sergeant,
having assumed that grade effective and with a date of rank of
1 Apr 08. He retired after having served 33 years of satisfactory
service.
___________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP states the applicant was notified
of his eligibility to participate in the RCSBP via a certified
letter dated 18 Jul 97; however, their records show the applicant
did not make an election at that time; therefore, he was
automatically enrolled in option A, Deferred to make an election
until age 60. During an open-enrollment period from 1 Mar 99
through 29 Feb 00, the applicant requested information on the
RCSBP. DPP records reflect the applicant elected Option C,
Immediate annuity for spouse and children effective 9 Jul 99. By
law, the RCSBP portion of his election is irrevocable. The RCSBP
package that was sent to the applicant clearly explained that if
the election for was not received or postmarked within 90 calendar
days of the receipt of the package, then the member will be
considered to have made an election. The applicant became eligible
for RCSBP in 1997; however, he did not submit his application for
RCSBP until 9 Jul 99. He may discontinue the RCSBP portion of the
program on the second anniversary of receiving retired pay, as
required by Title 10. However, discontinuing the RCSBP program
does not stop the Reserve Component portion of the plan. The
Reserve portion is for coverage before age 60.
The DPSOE complete evaluation, with attachments, is at Exhibit B.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 6 Aug 10 for review and comment within 30 days. 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 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 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 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 AFBCMR Docket Number
BC-2010-02262 in Executive Session on 9 Sep 10, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Jul 10.
Exhibit B. Letter, ARPC/DPP, dated 30 Jul 10.
Exhibit C. Letter, SAF/MRBR, dated 6 Aug 10.
Panel Chair
AF | BCMR | CY2006 | BC-2005-03489
_________________________________________________________________ APPLICANT CONTENDS THAT: Applicant states that her DFAS-CL 7220/48, Retiree Account Statement, shows an error for the RCSBP cost of $29.66 and request this error be corrected. She chose option C because their were no mention of RCSBP cost in Section VI, and the base personnel office did not make her aware of the cost associated with electing Option C. She never expected to pay for anything except for one payment for spouse...
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 | CY2010 | BC-2010-00552
The DPP complete evaluation, with attachments, is at Exhibit B. _________________________________________________________________ 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. Exhibit C. Letter, SAF/MRBR,...
AF | BCMR | CY2010 | BC-2010-02359
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02359 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ THE APPLICANT REQUESTS THAT: Her Reserve Component Survivor Benefit Plan (RCSBP) be cancelled. 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...
AF | BCMR | CY2006 | BC-2006-02247
_________________________________________________________________ APPLICANT CONTENDS THAT: At the time of his selection for the benefit in 1996, there was very little information provided to a reserve member on the cost of RCSBP. _________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial indicating that the RCSBP package that was sent to the applicant clearly explained each option of the RCSBP and the cost of associated benefits. We...
AF | BCMR | CY2009 | BC 2009 01138
She made no election during that time and was automatically enrolled in Option C, "Immediate Annuity for spouse." 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. The Legal Advisor states the applicant may in...
AF | BCMR | CY2009 | BC-2009-01138
She made no election during that time and was automatically enrolled in Option C, "Immediate Annuity for spouse." 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. The Legal Advisor states the applicant may in...
AF | BCMR | CY2007 | BC-2006-02627
), 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.” DPP’s complete evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to...
AF | BCMR | CY2009 | BC-2008-03146
He made no election during that time and was automatically enrolled in Option A, “Deferred election until age 60.” In 1995, the applicant was divorced from his former spouse and during an open enrollment in 1999 through 2000, he elected to participate with an election of Option CJ, “immediate annuity for child only.” In 2002, he was married to his current spouse. He would like his current spouse listed as the beneficiary under RCSBP. He completed all the required paperwork at that...
AF | BCMR | CY2002 | BC-2002-01011
He retired effective 1 February 2002 and is currently receiving retired pay. By law, once a member completes 20 years of TAFMS and applies for retired pay, the RCSBP election is no longer valid and the member must make an SBP election. However, he did receive SBP cost information when he elected RCSBP coverage in 1986.