RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04978
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His official records be corrected to show he did not make an
election for spouse and children with immediate coverage based
on full retired pay under the Reserve Component Survivor Benefit
Plan (RCSBP).
2. His automatic deductions for RCSBP payments stop, and he
receive back remittance of all RCSBP payments he has made since
his retirement in 2010.
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not make an election for spouse and children with
immediate coverage based on full retired pay under the Reserve
Component Survivor Benefit Plan (RCSBP).
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described
in the letter prepared by the Air Force office of responsibility
which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, indicating there is no evidence of
an error or injustice. The applicant was notified of his
eligibility to participate in the RCSBP on 20 Sep 91, but he
made no election. Therefore, per U.S.C. Title 10 § 1448, he was
automatically enrolled in Option A, Decline to make an election
until Age 60, effective 10 Jan 92. The applicant was afforded
an opportunity to upgrade his election when Congress declared
that 1 Mar 99 through 29 Feb 00 was an Open Enrollment Season.
He took advantage of this opportunity by making an election for
Immediate Annuity for spouse and children based on full
retirement pay. Both he and his wife signed the DD Form 2656-3, Survivor Benefit Plan (SBP) and Reserve Component Survivor
Benefit Plan (RCSBP) Open Enrollment Election, on 25 Jan 00. He
clearly elected to participate in RCSBP as prescribed by Public
Law 105-261, Section 642, dated 17 Oct 98, and his request
should therefore be denied.
The complete ARPC/DPTT evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Feb 12 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 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 injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of 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 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-2011-04978 in Executive Session on 15 Aug 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Dec 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 2 Feb 12.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 12.
Panel Chair
AF | BCMR | CY2014 | BC 2014 00383
________________________________________________________________ APPLICANT CONTENDS THAT: He elected RCSBP child coverage. The applicant believes the Board should find it in the interest of justice to consider his untimely application as he was unaware he had to elect SBP spouse coverage within one year of marriage. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that that the application...
AF | BCMR | CY2012 | BC-2012-02001
The remaining 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. Further, although the law currently provides automatic coverage for a spouse if the member fails to provide coverage or the spouse does not agree with the decision, no such provisions existed at the time of the member’s eligibility to enroll in the program. ...
AF | BCMR | CY2013 | BC 2013 04372
STATEMENT OF FACTS: According to an Air Reserve Personnel Center (ARPC) letter, dated 29 Aug 09, the applicant was notified that he had completed the required years of service for entitlement to Reserve retired pay and eligible to participate in the RCSBP. At that time the applicant can choose to decline SBP coverage, however, the applicant will still be responsible for the RCSBP portion of the coverage. The records show that he did not make an election within the required time period...
AF | BCMR | CY2011 | BC-2011-00171
However, neither the applicant nor his former spouse deemed an election for former spouse coverage under the RCSBP and the applicant's RCSBP election changed to children only. When the member filled out his application for retired pay, DD Form 2656, he made an election for former spouse. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show...
AF | BCMR | CY2011 | BC-2011-04267
He assumed he would have time to make the spousal retirement election at age 60 when he became eligible for benefits and correct the error at that time. _______________________________________________________________ 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...
AF | BCMR | CY2012 | BC-2012-00175
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial noting the service member failed to elect to participate in RCSBP. The service member did not submit an application to transfer to the Retired Reserve within the required time period and was discharged effective 21 Sep 09. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did...
AF | BCMR | CY2013 | BC 2012 05467
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05467 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His records be corrected to reflect he made a timely election for RCSBP coverage for his spouse. Although the applicant indicated he was not properly advised in regards to his RCSBP option until after the automatic election was made, the RCSBP...
AF | BCMR | CY2012 | BC-2012-00640
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00640 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show that he elected Option C (Immediate Annuity), under the Reserve Component Survivor Benefit Plan (RCSBP), for spouse and child coverage, based on full retired pay. ...
AF | BCMR | CY2013 | BC 2012 05676
The complete DPTT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ 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. ...
AF | BCMR | CY2014 | BC 2014 01698
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01698 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. APPLICANT CONTENDS THAT: He should be reimbursed for any charges he incurred for RCSBP because the ARPC Form 123, RCSBP Election Certificate, showing that he opted out of the RCSBP was submitted within the required 90-day time period prescribed by Title 10 USC, subsection 1448 (a) (2) (B). A complete copy of...