AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01311
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be changed to show she elected child(ren) only
coverage under the Reserve Component Survivor Benefit Plan
(RCSBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
When she initially elected Option A, she was newly married with
no children. She adopted a child in July 2008. She had not
thought about or remembered the RCSBP until out-processing in
preparation for retirement. She states that her unit, which was
a new unit, had no experience with retirements and she failed to
fully comprehend the small print in regards to adoption.
The applicant provides no documentation in support of her appeal.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified of her eligibility to participate in
the RCSBP on 30 August 2005 via certified mail. The election
package was sent to the applicant’s address. At that time, the
applicant elected to not participate in the program by choosing
Option A, “Decline to make an election until age 60” effective
3 August 2006.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial. DPTT states the RCSBP package
mailed to the applicant explained that if she had any questions
to contact them. DPTT does not show that the applicant contacted
them on this matter.
In July 2008, the applicant finalized her adoption paperwork for
her dependent child. The applicant did not contact DPTT to
update her RCSBP election within the one year as required by law.
The DPTT complete evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 May 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days (Exhibit
C). As of this date, no response has been received by this
office.
_________________________________________________________________
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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has failed to sustain her burden of proof of the
existence of an error or injustice. 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 an 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-2012-01311 in Executive Session on 19 December 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01311 was considered:
Exhibit A. DD Form 149, dated 20 March 2012.
Exhibit B. Letter, ARPC/DPTT, dated 7 May 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 8 May 2012.
2
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