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AF | BCMR | CY2012 | BC-2012-02652
Original file (BC-2012-02652.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

 

 

 

 

DOCKET NUMBER:  BC-2012-02652 
COUNSEL: NONE 
HEARING DESIRED: YES 

 

 

  ___________________ 
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT:  
 
He  be  allowed  to  withdraw  from  the  Reserve  Component  Survivor 
Benefit Plan (RCSBP).   
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He  was  informed  that  he  could  change  his  RCSBP  election  on  the 
day of his retirement.   
 
The  applicant’s  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  1  February  2006,  the  applicant  made  an  RCSBP  election  of 
immediate  annuity  full  coverage  for  his  spouse  on  Department  of 
Defense  (DD)  Form  2656-9,  Survivor  Benefit  Plan  (SBP)  and  RCSBP 
Open  Enrollment  Election.    The  form  was  properly  signed  in 
Section  IX,  Certification.    It  contains  the  statement  “I 
understand  this  election  is  irrevocable,  except  as  described  in 
the  instructions  and  that  the  election  is  void  if  I  do  not  live 
for 24 months from the effective date of the election.”  
 
On  24  January  2012,  the  applicant  completed  DD  Form  2656,  Data 
for  Payment  of  Retired  Personnel,  when  he  applied  for  retired 
pay.    In  Section  IX  –  Survivor  Benefit  Plan  (SBP)  Election,  he 
marked the box to participate in the SBP program.  However, this 
election  was  not  necessary  because  he  had  a  previous  RCSBP 
election  in  place.    Section  XI,  Certification,  on  the  DD  Form 
2656 states that the member can terminate SBP participation, with 
his  spouse’s  written  concurrence,  within  one  year  after  the 
second anniversary of commencement of retired pay.  By law, Title 
10, USC, Section 1448(a)(4), an RCSBP election cannot be revoked.   
 
The applicant was transferred to the USAF Retired List under the 
provisions of Title 10, United States Code (USC), Section 12731, 
effective  21  May  2012,  his  60th  birthday.    He  has  been  receiving 
retired pay since that date.   
 
_________________________________________________________________ 

 
AIR FORCE EVALUATION: 
 
ARPC/DPTT recommends denial.  DPTT indicates the applicant made a 
valid RCSBP election on the DD Form 2656-9 and certified with his 
signature that this was an irrevocable decision.  His spouse has 
had full coverage since 1 February 2006 and, if the applicant had 
died,  she  would  have  received  a  survivor  benefit  annuity  under 
this program.   
 
The complete DPTT 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 20 August 2012, for review and comment within 30 days (Exhibit 
C).  As of this date, this office has received no response. 
 
_________________________________________________________________ 
 
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  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. 
 
4.  The applicant's case is adequately documented and it has not 
been  shown  that  a  personal  appearance  with  or  without  counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably considered. 
 
_________________________________________________________________ 
 
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 

 

2 

submission  of  newly  discovered  relevant  evidence  not  considered 
with this application. 
 
_________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-02652  in  Executive  Session  on  12  February  2013, 
under the provisions of AFI 36-2603: 
 
 
 
 

___________________, Panel Chair 
___________________, Member 
___________________, Member 

 
 
 

 
 
 
 

Exhibit A.  DD Form 149, dated 18 Jun 12, w/atch. 
Exhibit B.  Letter, ARPC/DPTT, dated 7 Aug 12, w/atchs. 
Exhibit C.  Letter, SAF/MRBR, dated 20 Aug 12. 

The  following  documentary  evidence  was  considered  in  connection 
with AFBCMR Docket Number BC-2012-02652: 
 
 
 
 
 
 
 
 
 
 

______________________ 
Panel Chair 

 
 

 
 

  

 

 
 

 
 

 

3 



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