RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04782
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he elected Reserve
Component Survivor Benefit Plan (RCSBP), Option A (Defer
Election Until Age 60), instead of Option C (Immediate
Coverage).
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not understand the process or requirements for making a
RCSBP election. The process for electing/declining coverage is
very confusing with multiple websites and limited or no access
from a home computer. Although he was notified electronically,
it was not until his out-processing for retirement that he was
actually counseled and understood what was required to make an
election. It is not appropriate for this election for immediate
coverage to be made automatically due to his non-submittal.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant retired from the Air Force Reserve on 1 Oct 12.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial, indicating there is no evidence of
an error or injustice. The applicant is requesting he be given
another opportunity to make an RCSBP election. The applicant
logged into his Notification of Eligibility for Retired
Pay/RCSBP Application on 2 Mar 12. In accordance with U.S.C.
Title 10, Subsection 1448, he then had 90 calendar days from
that date to return his DD Form 2656-5, RCSBP Election
Certificate, to make an election. The records show he did not
return the DD Form 2656-5, and his records were properly updated
to reflect election of Option C, Immediate Annuity for spouse
and children as required by 10 USC.
The complete ARPC/DPTT evaluation, with attachments, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 14 Dec 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 an error or injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
________________________________________________________________
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-2012-04782 in Executive Session on 17 Jun 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Sep 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 7 Dec 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 14 Dec 12.
,
Panel Chair
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