Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-01548
Original file (BC-2012-01548.pdf) Auto-classification: Approved
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 



Similar Decisions

  • AF | BCMR | CY2011 | BC-2011-04332

    Original file (BC-2011-04332.txt) Auto-classification: Approved

    The other relevant facts pertaining to this application, extracted from the applicant’s master personnel records, are described in the letter prepared by the Air Force office of responsibility which is at Exhibit B. The RCSBP information package is sent to members at the time they are notified and the package explains all aspects of the program. ___________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04332 in...

  • AF | BCMR | CY2013 | BC 2013 02469

    Original file (BC 2013 02469.txt) Auto-classification: Approved

    In support of her request the applicant provides copies of her DD Form 2656, Data for Payment of Retired Personnel; ARPC Form 83, Application for Retired Pay; DFAS CL 7220/148, Retiree Account Statement; Reserve Order EL-2550 and ARPC/DPTTR memorandum dated 11 Apr 2013. On 7 Jul 2012, she declined coverage under the SBP, and her spouse concurred in her decision. Exhibit C. Letter, SAF/MRBR, dated 5 Jul 2013.

  • AF | BCMR | CY2013 | BC 2012 05247

    Original file (BC 2012 05247.txt) Auto-classification: Denied

    Option A (Decline to make an election until age 60) – the service member declines to make an election at the time of eligibility; however, the service member is provided an opportunity to participate in SBP at age 60. b. Option B (Deferred Annuity) the service member elects RCSBP coverage to begin at age 60. c. Option C (Immediate Annuity) the service member elects for coverage to begin immediately. The remaining relevant facts pertaining to this application are contained in the letter...

  • AF | BCMR | CY2013 | BC 2012 05676

    Original file (BC 2012 05676.txt) Auto-classification: Denied

    The complete DPTT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ 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 was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ...

  • AF | BCMR | CY2013 | BC 2013 05023

    Original file (BC 2013 05023.txt) Auto-classification: Denied

    DPTT states they should have given the former service member an opportunity to correct the ARPC Form 123 he submitted at the time he made his election. Title 10 Subsection 1448 (a) (3) (A) and Section IX on the form, “A married person who is eligible to provide standard annuity may not without the concurrence of the person’s spouse elect not to participate in the Plan.” ARPC failed to notify the service member to make corrections and updated his election in error. Exhibit F. Affidavits,...

  • AF | BCMR | CY2012 | BC-2012-02001

    Original file (BC-2012-02001.pdf) Auto-classification: Denied

    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 | CY2013 | BC 2012 00362

    Original file (BC 2012 00362.txt) Auto-classification: Approved

    On 3 May 93, the member completed an ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, and indicated that he had no eligible spouse or children and deferred participation. The applicant and the member were divorced on 24 Aug 93. As of this date, a response has not been received by this office (Exhibit C).

  • AF | BCMR | CY2012 | BC-2012-00493

    Original file (BC-2012-00493.pdf) Auto-classification: Approved

    AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2012-00943 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he elected not to participate in the Survivor Benefit Plan (SBP). ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends the applicant’s records be corrected...

  • AF | BCMR | CY2011 | BC-2011-02535

    Original file (BC-2011-02535.txt) Auto-classification: Approved

    In addition, the Board finds the evidence sufficient to give him the benefit of doubt in this matter as it does not appear reasonable that he would have knowingly elected not to elect this important benefit. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 17 February 2009, he elected spouse coverage under the Survivor Benefit...

  • AF | BCMR | CY2013 | BC 2012 05162

    Original file (BC 2012 05162.txt) Auto-classification: Denied

    A complete copy of the ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Her spouse signed for the notification letter for RCSBP because she was serving her annual tour in Germany. 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...