RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00697
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to allow him to withdraw his participation
in the Reserve Component Survivor Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not understand the program when he originally elected
RCSBP in December 1999. Prior to his 4 September 2010
retirement, he elected not participate in RCSBP and his spouse
concurred with the election.
In support of his request, the applicant provides a copy of his
DD Form 2656, Data for Payment of Retired Personnel, and
DD Form 2656-3, Survivor Benefit Plan (SBP) and Reserve Component
Survivor Benefit Plan (RCSBP) Open Enrollment Election.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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 B.
_______________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPP recommends denial. DPP notes on 29 April 1993, the
applicant was notified of his eligibility to participate in
RCSBP. On 10 July 1993, he elected Option C, Immediate Annuity
for spouse only. He was divorced and remarried in 1999. The
applicant, during an open enrollment period, requested
information on the open enrollment program and subsequently
elected Option C, Immediate Annuity for spouse only, effective
21 December 1999. In 2010, the applicant was notified that he
was eligible to apply for Reserve Retired Pay on his 60th
birthday. The notification included information regarding his
RCSBP election of Option C. The applicant completed his retired
pay application, verified his election, and elected not to
participate in the RCSBP. However, even though the applicant
declined RCSBP once he became eligible for retired pay at age 60,
such a declination did not affect the Reserve Component portion
of RCSBP, the coverage he held prior to attaining the age of 60.
The premiums for that coverage are calculated to be paid over the
course of the service members lifetime as actuarially determined
under the provisions of 10 USC 1452(a)(1)(B) and paid from his
retired pay. Ultimately, the applicant twice elected to
participate in the program and was provided correspondence prior
to his elections, which specified avenues he could have pursued
if he had questions. Having twice made the election to
participate indicates he had the appropriate knowledge of the
program to make his decisions.
The complete ARPC/DPP 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 8 April 2011, for review and comment within 30 days. As of
this date, no response has been received by this office.
_______________________________________________________________
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 the
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.
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 the evidence presented did not
demonstrate the existence of a 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-2011-00697 in Executive Session on 6 December 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 February 2011, w/atchs.
Exhibit B. Letter, ARPC/DPP, dated 21 March 2011, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 8 April 2011.
Panel Chair
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