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AF | BCMR | CY2012 | BC-2012-00493
Original file (BC-2012-00493.pdf) Auto-classification: Approved
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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