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
3
AF | BCMR | CY2014 | BC 2014 00383
________________________________________________________________ APPLICANT CONTENDS THAT: He elected RCSBP child coverage. The applicant believes the Board should find it in the interest of justice to consider his untimely application as he was unaware he had to elect SBP spouse coverage within one year of marriage. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that that the application...
AF | BCMR | CY2012 | BC-2012-02001
The remaining 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 B. Further, although the law currently provides automatic coverage for a spouse if the member fails to provide coverage or the spouse does not agree with the decision, no such provisions existed at the time of the member’s eligibility to enroll in the program. ...
AF | BCMR | CY2007 | BC-2006-03468
The remaining 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 at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFRC/DPP recommends denial of the applicant’s request. He made no election during that time and was automatically enrolled in Option A, “Deferred election until age 60.” During the RCSBP Open Season...
AF | BCMR | CY2012 | BC-2012-00175
_________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial noting the service member failed to elect to participate in RCSBP. The service member did not submit an application to transfer to the Retired Reserve within the required time period and was discharged effective 21 Sep 09. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did...
AF | BCMR | CY2006 | BC-2006-00348
She has learned since her husband’s death that this package was mailed as registered mail with a suspense date of 90 days, requiring an election of A, B, or C to determine her annuity. There is no evidence he made an RCSBP election at that time. A complete copy of the evaluation, with attachment, is attached at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant responded by thanking the Air Force for...
AF | BCMR | CY2005 | BC-2004-03829
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03829 INDEX CODE: 137.04 XXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reserve Component Survivor Benefits Plan (RCSBP) election be changed from Option “A” (Decline to make an election until age 60) to Option “C” (Immediate Annuity). He agreed and elected Option “A.”...
The Reserve Component Survivor Benefit Plan (RCSBP) information package sent to the former servicemember, when he was initially eligible to establish survivor coverage on the applicant’s behalf, specifically advised the member that his RCSBP election certificate had to be received by the Air Reserve Personnel Center (ARPC) within 90 days of receipt of the package at his home. A review of the evidence submitted does not reveal that the deceased member was provided inadequate information...
AF | BCMR | CY2009 | BC-2009-01017
In support of the application, the applicant submits a letter to her husband’s commander, the Air Reserve Personnel Center’s letter to her late husband, and her late husband’s death certificate. DPP states the former service member was required to make an RCSBP election within 90 days of receipt of notification; however, he did not make an election when eligible in 1990. The applicant’s complete response is at Exhibit...
AF | BCMR | CY2011 | BC-2011-04978
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04978 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of responsibility which is included at Exhibit...
AF | BCMR | CY2005 | BC-2005-02639
She states she was unaware of the 1 March 1999 to 29 February 2000 ‘open season’ as no briefings were scheduled nor were any dates published nor was any information given as to what an ‘open season’ was or what it offered members in the way of changing options. _________________________________________________________________ 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...