RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05162
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to reflect she declined coverage under
the Reserve Component Survivor Benefit Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
She did not receive the registered letter informing her of her
eligibility to elect RCSBP. Her signature is not on the receipt
for the registered letter. She was not informed that she needed
to reply in writing to decline coverage. Both her and her
spouse agreed to decline RCSBP.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Air Force Reserve member who retired
on 14 Jan 13.
Service members who are eligible to participate in RCSBP have
three options in electing coverage for their dependents:
a. Option A (Decline to make an election until age 60)
the service member declines to make an election at the time of
eligibility; however, the service member is provided an
opportunity to participate in SBP at age 60.
b. Option B (Deferred Annuity) the service member elects
RCSBP coverage to begin at age 60.
c. Option C (Immediate Annuity) the service member elects
for coverage to begin immediately.
Additionally, married service members who do not make an
election within 90 days will be automatically enrolled in
Option C. Unmarried service members who do not make an election
within 90 days will be automatically enrolled in Option A.
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 C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating there is no evidence of
an error or an injustice. A certified package notifying the
applicant of her eligibility to participate in RCSBP was sent to
her home address. The applicants spouse signed for the package
on 27 Apr 06. Under RCSBP, service members have 90 days from
the date of notification of eligibility to make their election.
The applicant failed to respond within 90 days and was
automatically enrolled in Option C (Immediate Annuity) in
accordance with the provisions of the governing statute on
15 Jul 06.
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. Her spouse concurs
with her decision to decline RCSBP.
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 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 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.
While the applicant alleges that her husband signed for the
RCSBP information package because she was deployed for annual
training, other than her own assertions, she has not any
evidence showing she was somehow precluded from being able to
submit a timely election for RCSBP due to her being on her
annual tour. 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 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-2012-05162 in Executive Session on 7 Nov 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Oct 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 12 Dec 12.
Exhibit D. Letter, SAF/MRBR, dated 17 Jul 13.
Exhibit E. Letter, Applicant, dated 29 Jul 13.
Panel Chair
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