RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:
DOCKET NUMBER: BC-2011-04358
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be allowed to withdraw from the Reserve Component Survivor
Benefit Plan (RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 2001, he was advised to select SBP coverage whether he wanted
it or not and if he did not elect coverage it would be selected
for him. He was also advised to waive the coverage before his
retirement date took effect (29 September 2011). He submitted
his waiver for coverage 30 days before his retirement pay
officially started.
In support of the applicants appeal, he provides a copy of a
California All-Purpose Acknowledgement Form and DD Form 2656, Data for Payment of Retired Personnel.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
ARPC Form 123, Reserve Component Survivor Benefit Plan election
Certificate, reflects the applicant and his spouse married on
28 May 1977. The applicant made an RCSBP election of full
coverage for his spouse and children on 5 February 2001.
DD Form 2656, dated 3 August 2011, reflects the applicant elected
not to participate in SBP.
The applicant retired on 29 September 2011.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPIT recommends denial. DPSIT states the applicant made a
valid RCSBP election in 2001. He had the opportunity to request
assistance before making that RCSBP election for full coverage
for his spouse. His spouse has been covered by the RCSBP program
and if the applicant had died, she would have received a survivor
benefit under the program. Because there had been no change to
his beneficiary at the time he made application for his retired
pay in 2011, he could not, by law, elect not to participate in
the SBP program. Section XI, Certification, on the DD Form 2656,
states the member can terminate SBP participation with spouse
consent, only within one year after the second anniversary of
commencement of retired pay. This section immediately precedes
the members signature.
The DPSIT complete evaluation, with attachment, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 February 2012, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within 30 days
(Exhibit C). 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. We took
notice of the applicant's 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 failed to sustain his burden of proof of the
existence 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 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-2011-04358 in Executive Session on 15 August 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04358 was considered:
Exhibit A. DD Form 149, dated 23 November 2011, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 23 January 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 10 February 2012.
AF | BCMR | CY2012 | BC-2012-02652
Section XI, Certification, on the DD Form 2656 states that the member can terminate SBP participation, with his spouse’s written concurrence, within one year after the second anniversary of commencement of retired pay. 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 the applicant has not been...
AF | BCMR | CY2014 | BC 2014 03865
He was not aware the ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, he signed on 14 Sep 94 requesting RCSBP spouse coverage would be used for retirement since he was not yet retired. We note the applicant did not request his RCSBP election for spouse coverage be terminated within 90 days of notification of eligibility for Reserve component retired pay IAW 10 U.S.C. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate...
AF | BCMR | CY2012 | BC-2012-00493
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00943 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he elected not to participate in the Survivor Benefit Plan (SBP). ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends the applicant’s records be corrected...
AF | BCMR | CY2011 | BC-2011-00697
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. 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...
AF | BCMR | CY2013 | BC 2012 05091
________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the deceased service member be corrected to show that on 31 Dec 02, he elected spouse only Survivor Benefit Plan (SBP) coverage based on full retired pay. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05091 in Executive Session on...
AF | BCMR | CY2012 | BC-2012-01862
In support of her request, the applicant provides copies of DD Form 2656-10, Final Decree of Divorce, Domestic Relations Order [Military Retirement], letters from her attorney, letters from the Defense Finance and Accounting Service (DFAS) and numerous other documents in support of her request. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 27 Jul 2012, copies of the Air Force evaluation were forwarded to the applicant and the...
AF | BCMR | CY2005 | BC-2005-02514
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPS states the applicant’s records indicate she did not submit an election for SBP at the time of her notification for eligibility to participate in the SBP. The applicant’s spouse did not sign the DD Form 2656 acknowledging the SBP election had been declined. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...
AF | BCMR | CY2013 | BC 2013 02469
In support of her request the applicant provides copies of her DD Form 2656, Data for Payment of Retired Personnel; ARPC Form 83, Application for Retired Pay; DFAS CL 7220/148, Retiree Account Statement; Reserve Order EL-2550 and ARPC/DPTTR memorandum dated 11 Apr 2013. On 7 Jul 2012, she declined coverage under the SBP, and her spouse concurred in her decision. Exhibit C. Letter, SAF/MRBR, dated 5 Jul 2013.
AF | BCMR | CY2012 | BC-2012-00113
DOCKET NUMBER: BC-2012-00113 COUNSEL: NONE HEARING DESIRED: NO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Reserve Component Survivor Benefit Plan (RCSBP) premiums be stopped. However, if the decision is to grant the re1ief sought, the member's DFAS pay record should be corrected to show that he elected to not participate in the SBP effective 22...
AF | BCMR | CY2012 | BC-2012-01548
_________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22...