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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