RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04372
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His record be corrected to reflect that he declined coverage
under the Reserve Component Survivor Benefit Plan (RCSBP).
APPLICANT CONTENDS THAT:
There was an error made by the finance person processing their
paperwork. He and his spouse made it very clear that they wish
to not participate in the RCSBP; however, somehow they ended up
having a form to sign indicating that they wanted to
participate.
He realized the error on his first retirement check and called
Defense Finance and Accounting Service (DFAS) immediately. He
was told that it was impossible to opt out of the SBP before
25 months.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
According to an Air Reserve Personnel Center (ARPC) letter,
dated 29 Aug 09, the applicant was notified that he had
completed the required years of service for entitlement to
Reserve retired pay and eligible to participate in the RCSBP.
On 31 Aug 12, the applicant was relieved from active duty and
retired from the Air Force. He was credited with 20 years and
27 days of active duty service.
AIR FORCE EVALUATION:
ARPC/DPTT recommends denial indicating the applicant had 90 days
prescribed by law to make his RCSBP election and failed to do
so.
According to Title 10, U.S.C. Subsection 1448 (a) the applicant
may "elect to discontinue participation in the Plan at any time
during the one-year period beginning on the second anniversary
of the date on which payment of retired pay to the participant
commences." At that time the applicant can choose to decline
SBP coverage, however, the applicant will still be responsible
for the RCSBP portion of the coverage.
On 17 Nov 09, the applicant was notified regarding his
eligibility to participate in the RCSBP via certified mail.
He had 90 calendar days from the date of notification to make
an RCSBP election by returning an ARPC Form 123, RCSBP
Election Certificate. The records show that he did not make
an election within the required time period prescribed by
Title 10 U.S.C. Subsection 1448 and was automatically
enrolled under Option C, Immediate Annuity for spouse and
child, dated 18 Feb l0. The applicant was married with
dependent children during this time.
On 25 Jan 12, the applicant submitted a DD Form 2656, Data
for Payment of Retired Personnel, in which he elected to
participate in the SBP. He made the designation in Section
IX, Item 26, I elect coverage for spouse and child(ren).
In addition, he elected his level of coverage as I elect
coverage based on full gross pay.
The complete DPTT evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Jan 14 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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 applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the OPR and adopt its rationale as the basis
for our conclusion the applicant has not been the victim of an
error of injustice. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the
requested relief.
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-2013-04372 in Executive Session on 22 Nov 2014 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Sep 13.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 30 Dec 13, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.
AF | BCMR | CY2011 | BC-2011-00793
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.
AF | BCMR | CY2014 | BC 2014 01698
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01698 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. APPLICANT CONTENDS THAT: He should be reimbursed for any charges he incurred for RCSBP because the ARPC Form 123, RCSBP Election Certificate, showing that he opted out of the RCSBP was submitted within the required 90-day time period prescribed by Title 10 USC, subsection 1448 (a) (2) (B). A complete copy of...
AF | BCMR | CY2013 | BC 2013 03564
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. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends approval. Exhibit C. Letter, SAF/MRBR, dated 15 Oct 13.
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 | CY2013 | BC 2013 05023
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,...
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 2013 05866
According to Title 10 USC § 1448(a) the member may elect to discontinue participation in the Plan at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences. At this time, the member can choose to decline SBP coverage, however; the member will still be responsible for the RCSBP portion of the coverage. Exhibit B. Exhibit E. Letter, Applicant, dated 25 Sep 14.
AF | BCMR | CY2013 | BC 2013 05695
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 no evidence of an error or an injustice. Records indicate that he did not make an election within the required time period prescribed by U.S.C. Based on the evidence before us it appears the deceased service member was properly...
AF | BCMR | CY2012 | BC-2012-01548
_________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 22...
AF | BCMR | CY2013 | BC-2013-01662
The applicant and the decedent divorced on 25 June 2010. The relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. The divorce decree did not award former spouse coverage under the RCSBP as dictated by law.