Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-01311
Original file (BC-2012-01311.pdf) Auto-classification: Denied
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 
 



Similar Decisions

  • AF | BCMR | CY2012 | BC-2012-02189

    Original file (BC-2012-02189.txt) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: HQ ARPC/DPPT recommends denial, stating, in part, based on the facts provided, the applicant made an irrevocable RCSBP election for Option B, "Deferred Annuity for Child Only" as prescribed by law U.S.C. In accordance with Title 10, U.S.C., Section 1448 the RCSBP election is irrevocable if not revoked before the end of the 90- day period unless there is a life changing event. As of this date, no response...

  • AF | BCMR | CY2012 | BC-2012-00291

    Original file (BC-2012-00291.pdf) Auto-classification: Denied

    Neither the applicant nor his spouse notified HQ ARPC regarding their marriage within one year of the marriage as required by law. ________________________________________________________________ The following members of the Board considered this application BC-2012-00291 in Executive Session on 21 September 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149 dated 4 January 2012, w/atchs. Exhibit C. Letter, SAF/MRBR, dated...

  • AF | BCMR | CY2012 | BC-2012-01538

    Original file (BC-2012-01538.pdf) Auto-classification: Denied

    He married the mother of his children two years after he made his beneficiary election but he did not enroll her in RCSBP at the time. The RCSBP information package sent to the applicant in February 2007 stated any life changing events must be reported to their office within one year of the event. 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...

  • AF | BCMR | CY2012 | BC-2012-00119

    Original file (BC-2012-00119.pdf) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: In 1993, she received her 20-year letter but did not make an RCSBP election at that time because she was not married. She made no election at that time as she was not married. ), Section 1448 (a)(5)(B) states that “such an election must be written, signed by the person making the election, and received by the Secretary concerned within one year after the date on which that person marries or acquires...

  • AF | BCMR | CY2013 | BC 2013 02769

    Original file (BC 2013 02769.txt) Auto-classification: Denied

    IAW U.S.C., Title 10, Subsection 1448(a)(2)(B), “A person who is eligible to participate in the plan and who is married or has a dependent child when he is notified that he has completed the years of service required for eligibility for reserve-component retired pay, and elects to participate in the plan by designation before the end of the 90-day period beginning on the date he receives such notification.” DPTT’s system confirms the applicant reported her husband’s death to ARPC on 28 March...

  • AF | BCMR | CY2012 | BC-2012-03369

    Original file (BC-2012-03369.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03369 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he added his spouse to his Reserve Component Survivor Benefit Plan (RCSBP) election instead of “Children Only.” _________________________________________________________________ APPLICANT CONTENDS THAT: He was...

  • AF | BCMR | CY2013 | BC 2013 03477

    Original file (BC 2013 03477.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03477 MEMBER: (DECEASED) COUNSEL: NONE APPLICANT: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s record be corrected to show that his Reserve Component Survivor Benefit Plan (RCSBP) election was option C “immediate annuity for spouse and child(ren),” rather that option A, “decline to make an...

  • AF | BCMR | CY2012 | BC 2012 03412

    Original file (BC 2012 03412.txt) Auto-classification: Denied

    DPTT has no record of ever receiving her election form. To date, a response has not been received (Exhibit C). 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 offices of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.

  • AF | BCMR | CY2013 | BC 2013 02781

    Original file (BC 2013 02781.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: Her sister, a deceased former military member, was unfairly denied the opportunity to sign up for RCSBP. Records indicate the deceased former member did not make an election within the required period of time. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error...

  • AF | BCMR | CY2012 | BC-2012-00395

    Original file (BC-2012-00395.pdf) Auto-classification: Approved

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00395 COUNSEL: NONE HEARING DESIRED: YES IN THE MATTER OF: _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased spouse’s record be changed to show he elected spouse and child coverage under the Reserve Component Survivor Benefit Plan (RCSBP). A preponderance of the evidence provided supports that the applicant’s medical condition more likely than...