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 wasnt 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 Applicants 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 applicants 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
2
3
AF | BCMR | CY2012 | BC-2012-02001
The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. Further, although the law currently provides automatic coverage for a spouse if the member fails to provide coverage or the spouse does not agree with the decision, no such provisions existed at the time of the member’s eligibility to enroll in the program. ...
AF | BCMR | CY2014 | BC 2014 00104
The applicants complete submission, with attachments, is at Exhibit A. On 3 Jan 14, the applicant signed DD Form 2656-6, Survivor Benefit Plan Election Change Certificate, establishing his children as the beneficiaries of his RCSBP. The remaining relevant facts pertaining to this application are contained in the memorandum 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...
AF | BCMR | CY2006 | BC-2005-03489
_________________________________________________________________ APPLICANT CONTENDS THAT: Applicant states that her DFAS-CL 7220/48, Retiree Account Statement, shows an error for the RCSBP cost of $29.66 and request this error be corrected. She chose option C because their were no mention of RCSBP cost in Section VI, and the base personnel office did not make her aware of the cost associated with electing Option C. She never expected to pay for anything except for one payment for spouse...
AF | BCMR | CY2011 | BC-2011-04332
The other relevant facts pertaining to this application, extracted from the applicants master personnel records, are described in the letter prepared by the Air Force office of responsibility which is at Exhibit B. The RCSBP information package is sent to members at the time they are notified and the package explains all aspects of the program. ___________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04332 in...
AF | BCMR | CY2012 | BC-2012-03586
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03586 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased spouses record be corrected to reflect he elected immediate annuity spousal coverage under the Reserve Component Survivor Benefit Plan (RCSBP). He completed the ARPC Form 123, RCSBP Certificate, and elected Option A, Decline to make an...
AF | BCMR | CY2011 | BC-2011-04978
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04978 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are described in the letter prepared by the Air Force office of responsibility which is included at Exhibit...
AF | BCMR | CY2013 | BC-2013-01127
In 2001, when he reached the age of 60 and began drawing Reserve Retired pay, he started paying $10.43 per month for the Reserve Component Survivor Benefit Plan (RCSBP). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. At that time, the cost of the RCSBP coverage is taken out the retired pay.
AF | BCMR | CY2011 | BC-2011-00623
He loved his country and was dedicated to his job as an Air Force officer. If the member would have made an election, the election would have been effective on his 60th birthday. She retired after 20 years as a teacher; however a teachers retirement pay is not much.
AF | BCMR | CY2014 | BC 2014 03865
He was not aware the ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, he signed on 14 Sep 94 requesting RCSBP spouse coverage would be used for retirement since he was not yet retired. We note the applicant did not request his RCSBP election for spouse coverage be terminated within 90 days of notification of eligibility for Reserve component retired pay IAW 10 U.S.C. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate...
AF | BCMR | CY2013 | BC 2012 05162
A complete copy of the ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Her spouse signed for the notification letter for RCSBP because she was serving her annual tour in Germany. 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...