Search Decisions

Decision Text

AF | BCMR | CY2012 | BC 2012 03412
Original file (BC 2012 03412.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03412
		COUNSEL: NONE
		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be changed to show that she elected not to 
participate in the Reserve Component Survivor Benefit Plan 
(RCSRP).

________________________________________________________________

APPLICANT CONTENDS THAT:

In 2007 she and her husband made the decision not to participate 
in the RCSBP and returned the required form to the Air Reserve 
Personnel Center (ARPC).

She called ARPC and was told they did not receive her form and 
she was automatically enrolled, by law, in the RCSBP.  

ARPC apparently lost the form.  Had she known that ARPC never 
received the form she would have contacted them in 2007.

The applicant’s complete response 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 Office of Primary Responsibility (OPR).  Accordingly, 
there is no need to recite these facts in this Record of 
Proceedings.

________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPTT recommends denial.  DPTT states the applicant was 
notified of her eligibility to participate in the RCSBP via a 
certified letter on 19 Dec 2007.  DPTT has no record of ever 
receiving her election form.  Since she made no election during 
the time, she was automatically enrolled in Option C, “Immediate 
Annuity,” for spouse only effective 16 Apr 2008.

The complete DPTT evaluation is at Exhibit B.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 Sep 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  To 
date, a response has not been received (Exhibit C).

________________________________________________________________

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 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 offices 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 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.

________________________________________________________________



The following members of the Board considered this application 
in Executive Session on 12 Feb 2013, under the provisions of AFI 
36-2603:

       Panel Chair 
       Member
       Member

The following documentary evidence was considered in AFBCMR BC-
2012-03412:

    Exhibit A.  DD Form 149, dated 1 Aug 2012.
    Exhibit B.  Letter, AFPC/DPTT, dated 6 Sep 2012, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 24 Sep 2012.




								
								Panel Chair

Similar Decisions

  • AF | BCMR | CY2013 | BC 2012 05247

    Original file (BC 2012 05247.txt) Auto-classification: Denied

    Option A (Decline to make an election until age 60) – the service member declines to make an election at the time of eligibility; however, the service member is provided an opportunity to participate in SBP at age 60. b. Option B (Deferred Annuity) the service member elects RCSBP coverage to begin at age 60. c. Option C (Immediate Annuity) the service member elects for coverage to begin immediately. The remaining relevant facts pertaining to this application are contained in the letter...

  • AF | BCMR | CY2013 | BC 2012 05162

    Original file (BC 2012 05162.txt) Auto-classification: Denied

    A complete copy of the ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Her spouse signed for the notification letter for RCSBP because she was serving her annual tour in Germany. 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...

  • AF | BCMR | CY2012 | BC-2012-02001

    Original file (BC-2012-02001.pdf) Auto-classification: Denied

    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 | CY2012 | BC-2012-00175

    Original file (BC-2012-00175.pdf) Auto-classification: Denied

    _________________________________________________________________ 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 2013 02781

    Original file (BC 2013 02781.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: Her sister, a deceased former military member, was unfairly denied the opportunity to sign up for RCSBP. Records indicate the deceased former member did not make an election within the required period of time. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error...

  • AF | BCMR | CY2012 | BC-2012-00973

    Original file (BC-2012-00973.pdf) Auto-classification: Denied

    DPTT states that in view of the fact that the decedent would have been eligible for retired pay at age 60, the applicant is eligible for an Identification Card and Base-Exchange and Commissary privileges effective 6 March 2000. 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...

  • AF | BCMR | CY2011 | BC-2011-02904

    Original file (BC-2011-02904.txt) Auto-classification: Denied

    ___________________________________________________________ APPLICANT CONTENDS THAT: The Survivor Benefit Plan Election Certificate was sent during the time they were being transferred to Red River Army Depot, Texas. ___________________________________________________________ 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...

  • AF | BCMR | CY2011 | BC-2011-04267

    Original file (BC-2011-04267.txt) Auto-classification: Denied

    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-2012-02089

    Original file (BC-2012-02089.txt) Auto-classification: Denied

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that her husband’s original copy of the RCSBP letter was with his important paperwork and was never signed. _________________________________________________________________ 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...

  • AF | BCMR | CY2012 | BC-2012-00119

    Original file (BC-2012-00119.pdf) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: In 1993, she received her 20-year letter but did not make an RCSBP election at that time because she was not married. She made no election at that time as she was not married. ), Section 1448 (a)(5)(B) states that “such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires...