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AF | BCMR | CY2012 | BC-2012-00640
Original file (BC-2012-00640.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

DOCKET NUMBER:  BC-2012-00640 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

 
IN THE MATTER OF: 
   
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  record  be  corrected  to  show  that  he  elected  Option  C 
(Immediate  Annuity),  under  the  Reserve  Component  Survivor 
Benefit  Plan  (RCSBP),  for  spouse  and  child  coverage,  based  on 
full retired pay. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He was misinformed about the RCSBP in 2003, and elected Option A 
(Decline to make an election until Age 60), when he should have 
elected Option C. 
 
During  the  2005  Open  Enrollment  he  changed  his  election  to 
Option  C;  however,  it  was  not  until  he  was  going  over  his 
retirement  out-processing  that  he  realized  that  his  option  had 
not been changed. 
 
In  support  of  his  request,  the  applicant  submits  copies  of 
DD Forms  214,  Certificate  of  Release  or  Discharge  from  Active 
Duty, issued in conjunction with his 24 Oct 02, 15 Sep 05, and 
28 May 10, respectively.   
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant was notified of his eligibility to participate in 
the RCSBP, on 23 Jul 03, via certified mail. On 17 Nov 03, the 
applicant filled out an ARPC Form 123, RCSBP  Certificate, which 
reflects his election of Option A, "Decline to make an election 
until  Age  60"  with  his  spouse's  concurrence.    The  applicant's 
record  reflected  he  was  married  with  dependent  children  during 
that time.   
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
HQ  ARPC/DPPT  recommends  denial,  stating,  in  part,  based  on  the 
facts  provided,  he  did  not  elect  to  participate  in  RCSBP  as 
prescribed by law Title 10, U.S.C., Section 1448.  Furthermore, 

the  applicant  had  one  open  enrollment  opportunity  in  which  he 
did not elect to participate in the RCSBP. 
 
The  applicant  was  afforded  one  opportunity  to  upgrade  his 
election  after  the  original  election  was  updated.    Congress 
declared  on  1  Oct  05  through  30  Sep  06  an  SBP  Open  Enrollment 
Season.  Members,  who  had  previously  elected  less  than  full 
coverage or no coverage for their spouse/children, were afforded 
the  opportunity  to  change  their  election  to  cover  their 
families.  During  this  timeframe,  our  system/record  shows  the 
applicant  did  not  elect  to  participate  in  the  RCSBP  program.  
The applicant states he participated in the SBP Open Enrollment 
Season during Oct 05 through Sep 06.  He claims that he elected 
Option  C,  "immediate  annuity  for  spouse  only."    However,  there 
is  no  record  he  requested  an  information  packet  or  elected  to 
participate during this Open Season. 
 
The  complete  ARPC/DPP  evaluation,  with  attachments,  is  at 
Exhibit B. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
A  copy  of  the  Air  Force  evaluation  was  forwarded  to  the 
applicant  on  11  May  12  for  review  and  response.    As  of  this 
date, no response has been received by this office (Exhibit C). 
 
________________________________________________________________ 
 
THE BOARD CONCLUDES THAT: 
 
1.  The  applicant  has  exhausted  all  remedies  provided  by 
existing law or regulations. 
 
2.  The application was timely filed. 
 
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.  While we note the applicant’s 
assertion  he  changed  his  election  during  the  2005  Open 
Enrollment,  we  did  not  find  any  evidence  to  substantiate  his 
claim.    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: 
 
 

2

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. 
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-00640  in  Executive  Session  on  27  November  2012, 
under the provisions of AFI 36-2603: 
 
The following documentary evidence was considered: 
 
    Exhibit  A.  DD Form 149, dated 17 Oct 11, w/atchs. 
    Exhibit  B.  Letter, ARPC/DPTT, dated 12 Apr 12, w/atchs. 
    Exhibit  C.  Letter, SAF/MRBR, dated 11 May 12. 
 
 
 
 
                                   Panel Chair 

 

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