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.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
She did not understand that once she elected coverage under
RCSBP she would have to pay the Reserve portion of the coverage
for 30 years, even after declining SBP at age 60.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force
Reserve.
________________________________________________________________
THE AIR FORCE EVALUATION:
ARPC/DPP recommends denial. The applicant was notified of her
eligibility to participate in the RCSBP via a certified letter.
The records reflect that she completed the RCSBP forms, electing
Option C, immediate annuity for spouse coverage. By law, the
RCSBP election is irrevocable.
In addition, in 2009, the member was eligible to apply for
Reserve retired pay effective 12 Jan 10, her 60th birthday. When
the applicant filled out her application for retired pay, she
verified her election of Option C, and her retired pay was
established.
The applicant may discontinue the program on the second
anniversary of receiving retired pay. 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 reduction in retired pay is calculated so that the premiums
for the RCSBP coverage are paid over the course of the members
lifetime as actuarially determined under the authority of Title
10, United States Code (USC) Section 1452(a)(1)(B).
The complete ARPC/DPP evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE 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, 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 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2010-02359 in Executive Session on 27 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jun 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPP, dated 30 Jul 10, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.
Panel Chair
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