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. 
 
________________________________________________________________ 
 
THE APPLICANT CONTENDS THAT: 
 
When he filled out the paper work for this insurance, over 100 
of  them  were  brought  into  an  auditorium  and  instructed  as  a 
group what to fill out on the insurance forms and he complied.   
 
He does not believe he should have to continue to pay premiums 
since  no  one  is  eligible  to  collect  the  premium  (annuity).  
Because  of  that,  he  feels  he  is  paying  for  no  reason.    He 
contacted the Defense Finance and Accounting Service (DFAS) and 
they  advised  him  if  he  died  tomorrow  no  one  is  eligible  to 
collect; therefore, he is paying for no reason. 
 
In  support  of  his  appeal,  the  applicant  provides  copies  of  his 
RCSBP bill and a letter from DFAS, dated 18 Oct 11. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
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 
Reserve.   
 
________________________________________________________________ 
 
 
 

THE AIR FORCE EVALUATION: 
 
ARPC/DPP  recommends  denial.    The  applicant  was  informed  of  the 
SBP disenrollment process based on his signature of concurrence 
on  the  DD  Form  2656,  Data  for  Payment  of  Retired  Personnel.  
Discontinuing  the  RCSBP  program  does  not  stop  the  Reserve 
Component  portion  of  the  Plan.    The  Reserve  portion  is  for 
coverage  before  age  60.    The  reduction  in  retired  pay  is 
calculated so that the premiums for the RCSBP coverage are paid 
over  the  course  of  the  member's  lifetime  as  actuarially 
determined  under  the  authority  of  Title  10  Section  1452  (a) 
(1)(B).  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 May 2010 and 
also with the understanding that the member is still responsible 
to pay for the Reserve portion of the coverage.   
 
In  addition,  according  to  their  records,  the  member  completed 
20 years of satisfactory service on 11 Mar 03.  He was notified 
of his eligibility to participate in the RCSBP on the same date.  
The member filled out an ARPC Form 123, RCSBP Certificate, which 
reflects  his  election  of  immediate  annuity  for  child  based  on 
full retired pay on 28 Mar 03. 
 
The  applicant  was  sent  a  letter  notifying  him  that  he  was 
eligible to apply for Reserve retired pay on his 60th birthday, 
22  May  08.    Included  with  the  letter  was  some  general 
information  on  retired  pay,  the  appropriate  pay  application 
forms,  and  information  regarding  his  current  RCSBP  election.  
When  the  member  filled  out  his  application  for  retired  pay 
DD Form  2656,  he  changed  his  election  from  child  only  to 
declining participation with  eligible dependents.   According  to 
Title  10,  U.S.C.,  Section  1448  (4)  (8)  an  election  to 
participate in the Plan is irrevocable if not revoked before the 
end of the 90-day period.   
 
The  member  was  afforded  an  opportunity  to  discontinue  his 
Survivor  Benefit  Plan  (SBP)  election  after  the  second 
anniversary  of  commencement  of  payment  of  retired  pay.    He 
concurred  with  a  signature  that  verified  his  understanding  of 
this  option.    DD  Form  2656,  Section  XII,  Item  32,  second 
paragraph  reads  "Also,  I  have  been  counseled  that  I  can 
terminate  SBP  participation,  within  one  year  after  the  second 
anniversary  of  commencement  of  retired  pay.    However,  if  I 
exercise my option to terminate the SBP, future participation is 
barred. 
 
The  complete  ARPC/DPTTE  evaluation,  with  attachments,  is  at 
Exhibit C. 
 
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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant on 1 Mar 11 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 error or injustice.  We took notice 
of the applicant's complete submission in judging the merits of 
the  case;  however,  the  Air  Force  Reserve  office  of  primary 
responsibility  has  conducted  an  exhaustive  review  of  the 
available  evidence  and  we  are  in  agreement  with  their  opinion 
and recommendation.  Therefore, we adopt the rationale expressed 
as the basis for our conclusion the applicant has not been the 
victim  of  an  error  or  injustice.    The  applicant  feels  that  he 
should  not  have  to  pay  for  SBP  premiums  since  there  is  no 
eligible beneficiary and alleges he was miscounselled.  However, 
we  would  note  that  the  applicant  is  paying  for  the  cost  of 
coverage  on  a  deferred  basis  and  that  he  did  in  fact  have  an 
eligible  dependent  beneficiary  during  the  period  of  the 
coverage.    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. 
 
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The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number BC-2012-00113 in Executive Session on 18 July 2012, under 
the provisions of AFI 36-2603: 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 28 Dec 11, w/atchs.  
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, ARPC/DPTTE, dated 13 Feb 12, w/atchs. 
    Exhibit D.  Letter, SAF/MRBR, dated 1 Mar 12. 
 
 
 
 
                                   Panel Chair 
 

 

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