AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01548
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her record be changed to show she declined coverage under the
Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The SBP selection was an administrative error. According to
DFAS, full SBP was selected when she entered retirement.
However, when she submitted documentation for retirement pay at
age 60, she submitted signed and notarized documentation
declining SBP. It was never her intent or desire to participate
in SBP.
In support of the applicant’s appeal, she provides a copy of
Reserve Order Number EL-1186, DD Form 2656, Data for Payment of
Retired Personnel and ARPC Form 83, Application for Retired Pay.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The 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 B.
_________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval. DPTT states the applicant
attained her eligibility to participate in the RCSBP on 22 April
2008. The RCSBP election package was mailed to her but was
returned undeliverable on 3 June 2008. Based on the information
provided, DPTT recommends relief be granted. Per U.S.C. Tile 10,
Subsection 1448(a)(2)(B), the applicant was never afforded the
opportunity to make an RCSBP election when she attained her
eligibility on 22 April 2008. All SBP premiums should be
refunded back to the applicant retroactive back to her 60th
birthday, 19 February 2012.
The DPTT complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 17 July 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
relief. We note that ARPC/DPTT states the applicant was never
afforded the opportunity to make an RCSBP election when she
attained her eligibility on 22 April 2008. Therefore, 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 that the applicant be allowed to decline coverage
under the SBP. Therefore, we recommend that the records be
corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 22 April 2008,
she elected to decline coverage under the Survivor Benefit Plan,
and her spouse, concurred in her decision.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01548 in Executive Session on 11 September 2012,
under the provisions of AFI 36-2603:
2
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2012-01548 was considered:
Exhibit A. DD Form 149, dated 20 April 2012, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 28 June 2012, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 17 July 2012.
Panel Chair
3
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