RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05247
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 misunderstood her options for RCSBP in 2009 because she was
not retiring at age 60 as she had submitted a waiver to retire
at age 64.
The applicants complete submission is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant is a former Air Force Reserve member who retired
on 30 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 injustice. On 10 Mar 09, the applicant was notified
of her eligibility to participate in the RCSBP. The applicant
failed to respond and was automatically enrolled in Option C
(Immediate Annuity) on 11 Jun 09 in accordance with the
provisions of Title 10 Section 1448. Under RCSBP service
members have 90 days from the date of notification of
eligibility to make their election. The applicant will have an
opportunity to decline participation in SBP at her approved
retirement age of 64; however, regardless of her decision at
that point, she will be liable for the premiums associated with
the coverage in effect from the date it was established until
she begins to draw retired pay.
A complete copy of the ARPC/DPTT evaluation, with attachments,
is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates she misunderstood her options in 2009
as she was not planning on retiring until age 64.
The applicants complete response, with attachments, 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 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, to include her
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 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.
________________________________________________________________
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-2012-05247 in Executive Session on 29 Aug 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
Although chaired the panel, in view of her unavailability,
has agreed to sign as Acting Panel Chair. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 18 Dec 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.
Exhibit E. Letter, Applicant, dated 23 Jan 13, w/atchs.
Acting Panel Chair
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