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.
EXAMINERS 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
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