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 applicants 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
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