RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04332
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________
APPLICANT REQUESTS THAT:
Her Reserve Component Survivor Benefit Plan (RCSBP)
election be withdrawn.
___________________________________________________________
APPLICANT CONTENDS THAT:
Through attending retirement sessions, she learned her SBP
election was not explained or presented accurately. What
she believed she was electing was not, in fact, the case.
In 2000, she inquired about the SBP program because of a
friends death. She desired to have her brother as an
insurable interest until receiving retirement pay and then
cancel. She was told that she would pay approximately
$200.00 per month for 2 to 3 years to cover the premiums
between signing up and cancelling at the age of 60. The
payments would then stop.
She submitted the ARPC 123, Reserve Component Survivor
Benefit Plan Election Certificate, believing she had what
she needed. She did not realize anything was wrong until
she attended a retirement briefing and learned the actual
amount of the coverage was closer to $600.00. She was
never briefed about the reserve add-on. She was also never
briefed that it would continue for life. She never would
have agreed to anything for life.
She contacted the Air Reserve Personnel Center on two
different days and spoke with two different individuals.
Neither one of them was aware of the lifetime add-on
premium. They also said at the time, not many people knew
about the program and that things were not presented
accurately. Both individuals also stated she should not
have been allowed to sign up two years after her deadline.
In support of her request, the applicant provides a copy of
the ARPC Form 123, the ARPC Fact Sheet on RCSBP and the
Defense Finance and Accounting System RCSBP Benefit Cost
Sheet.
The applicant's complete submission, with attachments, is
at Exhibit A.
___________________________________________________________
STATEMENT OF FACTS:
The applicant honorably retired from the Air Force Reserves
in the grade of Colonel/O6 on 1 November 2011.
The other relevant facts pertaining to this application,
extracted from the applicants master personnel records,
are described in the letter prepared by the Air Force
office of responsibility which is at Exhibit B.
___________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. According to their records,
the member completed 20 satisfactory years of service on
30 September 1999. She was notified of her eligibility to
participate in the RCSBP on 1 January 2000 and made an
insurable interest election for her brother. The RCSBP
information package is sent to members at the time they are
notified and the package explains all aspects of the
program.
The Department of Defense Financial Management Regulation
(FMR) Volume 7B explains a member who is eligible and wants
to terminate coverage may send a written request to the
responsible agent. The participant who voluntarily
terminates coverage for a natural person with an insurable
interest will pay the reserve add-on premium for the
lifetime of the member; however, if the member terminates
coverage before age 60, the add-on is prorated. A
calculation shows the members RCSBP add-on cost is $161.74
a month. The DoD FMR further states no premiums are
refunded as a result of terminating coverage. The
applicant is eligible to participate in the SBP program
upon turning 60 years old.
The complete ARPC/DPTT evaluation, with attachments, is at
Exhibit B.
___________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states she attained 20 years of service on
20 November 1998. She maintains she was never notified of
the RCSBP enrollment from ARPC. She queried them about it
following the death of a very good friend. She never
received the RCSBP information package.
There was never any mention of a reserve add-on for life,
which is a critical omission. She was told the rate was
around $600.00 and $160.00 for life if she cancelled the
coverage that month. The information she received on her
recent call was vastly different than the call she had
10 years earlier. While the RCSBP information available
today was not available when she retired, she believes
personnel are far more informed.
Given the wealth of false information presented to her when
she contacted ARPC at the time of her election, coupled
with critical information being omitted, it is only right
she be allowed the opportunity to adjust her SBP election
with regard to the actual facts.
The applicants complete response, with attachments, is at
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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence of record and the
applicants complete submission, a majority of the Board
believes the applicant has provided sufficient evidence to
reflect she was miscounseled regarding the impact of her
RCSBP election. We believe, as the applicant states,
through no fault of her own, she was not provided the
information necessary in order to make an informed
decision. As such, the Board majority believes that any
doubt in this matter should be resolved in her favor.
Therefore, we recommend her records be corrected as
indicated below.
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 issues involved. Therefore, the request for a hearing
is not favorably considered.
___________________________________________________________
RECOMMENDATION OF THE BOARD:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on
11 March 2000, she elected to decline coverage under the
Reserve Component Survivor Benefit Plan.
___________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04332 in Executive Session on 17 April 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By a majority vote, the Board recommended to grant the
application. XXX voted to deny the applicants
request and submits a minority report. The following
documentary evidence was considered pertaining to AFBCMR
Docket Number BC-2011-04332:
Exhibit A. DD Form 149, dated 1 Mar 11, w/atchs.
Exhibit B. Letter, MASTER PERSONNEL RECORDS
Exhibit C. Letter, ARPC/DPIT, dated 14 Apr 11.
Exhibit D. Letter, SAF/MRBR, dated 27 Apr 11.
Panel Chair
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