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).
________________________________________________________________
APPLICANT CONTENDS THAT:
He checked the wrong box on the AF Form 2656 by mistake because
he thought it was the box to indicate he was electing not to
participate in SBP. Box 26g says “I elect not to participate in
SBP.” He checked the box to the right of box 26g instead of the
box to the left. He did not check any box that indicated he was
electing coverage for anyone, and did not select a level of
coverage in Section 27 because he never intended to participate
in the SBP. However, SBP costs are currently being deducted
from his retired pay.
In support of his request, the applicant provides an expanded
statement and a copy of his DD Form 2656, Data for Payment of
Retired Personnel.
The applicant’s complete submission, with attachments, 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, which is attached at Exhibit C. Therefore, there is no
need to recite these facts in this record of proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends the applicant’s records be corrected to
show that he declined coverage under the RCSBP on 5 Aug 02. The
applicant was notified of his eligibility to participate in the
by
Air
Force
not
accomplished
Reserve Component SBP (RCSBP) on 5 Aug 02, but he made no
election during the allotted time. IAW Title 10 U.S.C. § 1448,
he should have been automatically enrolled in Option C,
“immediate annuity for spouse and children.” This action was
inadvertently
Reserve
Headquarters. Instead, the applicant’s record was updated to
reflect a “pending option” based on receipt of the RCSBP
Election Certificate Form. Later, when the applicant was
notified he was eligible to apply for Reserve retired pay on his
60th Birthday, he was not informed of the error concerning his
automatic RCSBP election. When the applicant applied for
retired pay (DD Form 2656), he indicated he wanted to decline
participation in SBP. Because of the earlier error in not
automatically enrolling the applicant in the RCSBP program, as
dictated by law, the Entitlements Branch should have given the
applicant an opportunity to make an RCSBP election on the
applicable form.
The complete ARPC/DPTT evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 18 Jun 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 timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the evidence of record and the applicant’s
submission, we believe a preponderance of the evidence supports
corrective action. 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 been the victim of an error or injustice.
Therefore, we recommend his records be corrected as indicate
below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
2
Panel Chair
Member
Member
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that on
5 August 2002, he declined coverage under the Reserve Component
Survivor Benefit Plan (RCSBP).
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00943 in Executive Session on 27 Nov 12, under
the provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 2 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 5 Jun 12.
Exhibit D. Letter, SAF/MRBR, dated 18 Jun 12.
3
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