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AF | BCMR | CY2012 | BC-2012-05024
Original file (BC-2012-05024.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:		DOCKET NUMBER:  BC-2012-05024
		  COUNSEL:  NONE
			HEARING DESIRED:  NO
	
________________________________________________________________
_

APPLICANT REQUESTS THAT:

His records be corrected to reflect he declined to participate 
in the Reserve Component Survivor Benefit Plan (RCSBP) coverage.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He did not fully understand the plan when it was introduced to 
him and still does not completely understand it.  He never 
received a follow-up to verify he was aware of how the plan 
works.  He did not realize the plan was so costly and, had he 
known, he would not have signed-up for it then nor would he have 
signed-up for it today. 

The applicant's complete submission, with attachment, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

On 1 Oct 01, ARPC/DPPRB notified the applicant via certified 
mail of his eligibility to participate in the RCSPB.

On 15 Dec 01, the applicant submitted the ARPC Form 123, Reserve 
Component Survivor Benefit Plan Certificate reflecting his 
election of Option C, ”Immediate Annuity” for Natural Person 
with Insurable Interest.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility which is included at Exhibit C.  

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPTT recommends denial, indicating the applicant clearly 
elected to participate in RCSBP.  The applicant contends he was 
never counseled by a subject matter expert and did not 
understand the RCSBP selection that he made.  He claimed he was 
not properly advised about his RCSBP option until after the 
event; however, the information packet that was sent to him 
provided contact information for any questions or concerns 
within 90 calendar days from the date of receipt.  There is no 
record of the applicant making contact during this time period.  

On 4 Oct 12, the applicant submitted a DD Form 2656-6, Survivor 
Benefit Plan Election Change Certificate to suspend his 
insurable interest election; however, because he terminated 
coverage prior to age 60, he is still responsible for the 
premiums at a prorated rate for the lifetime of the member.  
Discontinuing the RCSBP does not stop the Reserve Component 
portion of the plan.  The Reserve portion is for coverage prior 
to reaching age 60.
A complete copy of the AFPC/DPTT evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates that he did not fully understand the 
program when he made his election and he still does not fully 
understand it.  He asserts that in 2001, the office of primary 
responsibility could not answer his question of how much money 
he would be paying monthly because they had no idea how many 
total retirement points he would accumulate or how many years he 
would serve before retiring.  It wasn’t until a few days before 
he submitted his DD Form 149 that he was advised of the actual 
amount of money that he would be paying monthly for the program.  
He asserts that this program should not have been offered to him 
until he reached the age of 60.  There is no way he would have 
signed up to pay over $350 monthly, had he been clear on what he 
was signing.  Additionally, the applicant questions the validity 
of the letter from HQ ARPC/DPSSE addressing the 90 day suspense 
to contact them with questions because the letter is not 
officially dated.  The letter contains a handwritten date 
scribbled in the top right corner.  He also questions the 
relevance of the RCSBP information packet provided that is dated 
January 2002 being that he made his election on 15 Dec 01.  

A complete copy of the Applicant’s response is at Exhibit E.

________________________________________________________________
_

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice.  We took 
notice of the applicant’s complete submission, including his 
rebuttal response, 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 or injustice.  While the applicant contends 
he was not informed about the costs and tenets of the RCSBP 
program and that he did not understand he would eventually be 
liable for premiums for the period of coverage prior to his 60th 
birthday, other than his own assertions, he has presented no 
evidence that he was somehow miscounseled or treated differently 
than those similarly situated.  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 an 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-2012-05024 in Executive Session on 20 Aug 13, under 
the provisions of AFI 36-2603:

	            , Panel Chair
	           , Member
	            , Member

The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 18 Oct 12, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, ARPC/DPTT, dated 20 Dec 12, w/atchs.
  Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 13.
  Exhibit E.  Letter, Applicant, dated 8 Feb 13.




			
			Panel Chair




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