Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-02189
Original file (BC-2012-02189.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02189 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her record be corrected to show that she elected Option A 
(Decline election until Age 60), under the Reserve Component 
Survivor Benefit Plan (RCSBP), for child only coverage, based on 
full retired pay. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She was not properly counseled about the RCSBP and elected 
Option B (Deferred Annuity), when she should have elected 
Option A. 

 

Had she received proper counseling, she would have elected 
Option A, since her children will not be eligible to receive 
benefits when she turns age 60. 

 

The applicant's complete submission at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 9 Jul 09, the applicant was notified of her eligibility to 
participate in the RCSBP via certified mail. The election 
package was sent to her address: 203 Settlers Trail, Warner 
Robins, GA 31088. On 9 Sep 09, she filled out an ARPC Form 123, RCSBP Certificate, which reflects her election of Option B, 
"Deferred Annuity for Child Only." She was divorced and had 
dependent children during the time. 

 

EXAMINER’S NOTE: The application is dated 23 Apr 10; however, 
the application was received at SAF/MRBR, on 27 Apr 12. 

 

________________________________________________________________ 

 

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. Title 10, Section 1448. 


 

The applicant stated that she was never counseled by a subject 
matter expert and did not understand the RCSBP selection she 
made. She claims that she contacted ARPC and was advised about 
her RCSBP options after the event. The RCSBP information packet 
that was originally sent to the applicant explained to contact 
ARPC in the event of questions or concerns within 90 calendar 
days from the date of receipt. They have no record of the 
applicant calling ARPC during this time period. 

 

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. . 

 

The complete DPPT 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 25 Jun 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 its 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. 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 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-2012-02189 in Executive Session on 19 December 2012, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 23 Apr 10, w/atchs. 

 Exhibit B. Letter, ARPC/DPTT, dated 18 Jun 12, w/atchs. 

 Exhibit C. Letter, SAF/MRBR, dated 25 Jun 12. 

 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-01914

    Original file (BC-2004-01914.DOC) Auto-classification: Denied

    However, the section of law applicable to reserve component members in effect at the time the former member was eligible to participate in the Reserve Component Survivor Benefit Plan did not require spousal notification if the member deferred making an election until age 60. We therefore agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an...

  • AF | BCMR | CY2014 | BC 2014 03865

    Original file (BC 2014 03865.txt) Auto-classification: Denied

    He was not aware the ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, he signed on 14 Sep 94 requesting RCSBP spouse coverage would be used for retirement since he was not yet retired. We note the applicant did not request his RCSBP election for spouse coverage be terminated within 90 days of notification of eligibility for Reserve component retired pay IAW 10 U.S.C. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate...

  • AF | BCMR | CY2014 | BC 2014 01698

    Original file (BC 2014 01698.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01698 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. APPLICANT CONTENDS THAT: He should be reimbursed for any charges he incurred for RCSBP because the ARPC Form 123, RCSBP Election Certificate, showing that he opted out of the RCSBP was submitted within the required 90-day time period prescribed by Title 10 USC, subsection 1448 (a) (2) (B). A complete copy of...

  • AF | BCMR | CY2012 | BC-2012-02089

    Original file (BC-2012-02089.txt) Auto-classification: Denied

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that her husband’s original copy of the RCSBP letter was with his important paperwork and was never signed. _________________________________________________________________ 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...

  • 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 | CY2014 | BC 2014 00656

    Original file (BC 2014 00656.txt) Auto-classification: Denied

    On 27 May 07, the applicant and service member were married. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPPT recommends denial indicating there is no evidence of an error or an injustice. A complete copy of the ARPC/DPPT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: They...

  • AF | BCMR | CY2011 | BC-2011-00793

    Original file (BC-2011-00793.txt) Auto-classification: Denied

    On 25 Aug 1994, the decedent and the applicant divorced. If the documents were provided within the required timeframe, DPTT would have been unable to update the member's RCSBP election due to the member not electing to participate in the Plan when eligible. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of her request, the applicant provides two letters.

  • AF | BCMR | CY2009 | BC-2008-03146

    Original file (BC-2008-03146.doc) Auto-classification: Denied

    He made no election during that time and was automatically enrolled in Option A, “Deferred election until age 60.” In 1995, the applicant was divorced from his former spouse and during an open enrollment in 1999 through 2000, he elected to participate with an election of Option CJ, “immediate annuity for child only.” In 2002, he was married to his current spouse. He would like his current spouse listed as the beneficiary under RCSBP. He completed all the required paperwork at that...

  • AF | BCMR | CY2012 | BC-2012-00113

    Original file (BC-2012-00113.pdf) Auto-classification: Denied

    DOCKET NUMBER: BC-2012-00113 COUNSEL: NONE HEARING DESIRED: NO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Reserve Component Survivor Benefit Plan (RCSBP) premiums be stopped. However, if the decision is to grant the re1ief sought, the member's DFAS pay record should be corrected to show that he elected to not participate in the SBP effective 22...

  • AF | BCMR | CY2012 | BC-2012-00640

    Original file (BC-2012-00640.pdf) Auto-classification: Denied

    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. ...