RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05866
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he declined Reserve
Component Survivor Benefit Plan (RCSBP) coverage.
APPLICANT CONTENDS THAT:
He does not remember receiving a RCSBP election letter and he
was not properly informed of his rights regarding RCSBP election
options.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 2 Dec 08, the applicant was notified of his eligibility for
retired pay at age 60 and his eligibility to participate in the
RCSBP.
AIR FORCE EVALUATION:
AFPC/DPFFF recommends denial. The applicant failed to decline
RCSBP coverage within the 90 days prescribed by Title 10 USC §
1448. 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.
The applicant contends that he was unaware of his option to
decline the coverage because he never received the RCSPB
package, however; the package was delivered and signed for at
the applicants residence. Because the applicant did not make
an election within the required one-year time period, on 9 Apr
10, he was automatically enrolled under Option C, Immediate
Annuity for spouse and child. The applicant was married with a
dependent child at the time the election was made.
A complete copy of the DPTT evaluation, with attachments, is at
Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant asserts that the signature of receipt of the RCSBP
package was not his signature but that of his then estranged
wife. He did not sign for the document nor did he ever see the
document. Although he and his wife were not legally separated,
they were in fact estranged and did not regularly and
effectively communicate during this time. Furthermore, he never
assigned his wife power-of-attorney to sign on his behalf. He
does not believe he should be held accountable for a decision
that he did not make nor was he made aware in a timely fashion.
He believes that something of this importance and significance
should only be signed by the military member. Therefore, he
request that the RCSBP coverage be declined and all monetary
charges imposed be disposed of and/or reversed so that no past,
current, or future charges be made against his retirement
pension or pay (Exhibit D).
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. While the
applicant contends he did not receive the RCSBP election letter,
we do not find his uncorroborated assertions sufficiently
persuasive to grant the requested relief. Therefore 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
of injustice. 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-2013-05866 in Executive Session on 22 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Dec 13.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, ARPC/DPTT, dated 12 Feb 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 2 Sep 14.
Exhibit E. Letter, Applicant, dated 25 Sep 14.
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