RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03564
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show that he declined the Reserve
Component Survivor Benefit Plan (RCSBP).
________________________________________________________________
APPLICANT CONTENDS THAT:
He did not elect RCSBP coverage.
In support of his request, the applicant provides a letter from
the Defense Finance and Accounting Service (DFAS) dated 26 Jun
13, stating they could not process his SBP request because the
DD Form 2656 they received did not indicate a declination of
coverage, therefore he was put in Automatic Coverage for SBP.
Attached to this letter was a DD Form 149.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 30 Sep 12, the applicant was retired from the Air Force
Reserve.
According to Title 10, U.S.C., Subsection 1448(a)(2)(B), members
are given 90 calendar days to concur or non-concur with the
automatic RCSBP election. If the member does not respond within
90 days an automatic election is updated for the member based on
the number of eligible dependents.
On 26 Jun 13, DFAS automatically elected coverage of the RCSBP.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval. The applicant was not notified
of his RCSBP eligibility and was never given the opportunity to
make an election. When the applicant turned age 60 he filled
out his DD Form 2656, Data for Payment of Retired Personnel,
leaving the SBP election area empty; therefore, making no
election.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 Oct 13, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days (Exhibit
B). As of this date, this office has not received a response.
________________________________________________________________
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. Although
DPTT recommends approval, per 10 U.S.C. § 1448, a person who is
eligible to provide a SBP annuity may not do so without the
concurrence of the spouse. Therefore without a notarized
statement of the applicants spouse concurring with his decision
to decline RCSBP, favorable consideration of this request is not
appropriate. However, should the applicant provide such
evidence, we would be willing to reconsider his request.
Accordingly, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
that 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-2013-03564 in Executive Session on 29 May and 16 Sep
14, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03564 was considered:
Exhibit A. DD Form 149, dated 24 Jul 13, w/atch.
Exhibit B. Letter, ARPC/DPTT, dated 18 Sep 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 15 Oct 13.
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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...
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On 25 Aug 1994, the decedent and the applicant divorced. If the documents were provided within the required timeframe, DPTT would have been unable to update the member's RCSBP election due to the member not electing to participate in the Plan when eligible. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In further support of her request, the applicant provides two letters.
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DPTT states they should have given the former service member an opportunity to correct the ARPC Form 123 he submitted at the time he made his election. Title 10 Subsection 1448 (a) (3) (A) and Section IX on the form, A married person who is eligible to provide standard annuity may not without the concurrence of the persons spouse elect not to participate in the Plan. ARPC failed to notify the service member to make corrections and updated his election in error. Exhibit F. Affidavits,...