RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01127
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect that he withdrew from the
Survivor Benefit Plan (SBP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1993, when he retired an error was made on his retirement
paperwork. He did not have any dependents eligible for SBP
since his children had reached the age of 18 prior to his
retirement and none of them were in college.
In 2001, when he reached the age of 60 and began drawing Reserve
Retired pay, he started paying $10.43 per month for the Reserve
Component Survivor Benefit Plan (RCSBP).
In support of his appeal, the applicant provides copies of his
NGB Form 22, Department of the Army and the Air Force National
Guard Bureau Report of Separation and Record of Service and
excerpt from his Retiree Account Statement.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 Jun 93, the applicant retired from the Hawaii Air National
Guard.
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 B.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPTT recommends denial. DPTT states that the Military
Personnel Data System (MilPDS) shows the applicant made an RCSBP
election for full coverage for his children on 19 Aug 85.
DPTT states that a member who makes a RCSBP election has
coverage from the date of the election; however, there is no
cost to the member until they draw retired pay. At that time,
the cost of the RCSBP coverage is taken out the retired pay.
DPTT states that the applicant had RCSBP coverage from 19 Aug
85 until his children aged out (age 18 or 22 if they were
enrolled full-time in college) and he did not pay any premiums.
If the applicant had died before the children aged out they
would have received an annuity.
The applicant applied for Reserve pay under the provisions of
Title 10, USC 12731 effective 24 Nov 01, his 60th birthday and
has been receiving Reserve retired pay since that date. The
Defense Finance and Accounting SystemCleveland (DFAS-CL)
reflects the applicant was only charged the RCSBP cost for the
period he had valid coverage for his children. There is no SBP
deduction taken from his Reserve retired pay since they are no
longer eligible dependents.
DPTT states that the applicant had a valid RCSBP election in
1985. His children were covered by the RCSBP program and if he
had died during the period of their coverage, they would have
received a survivor benefit under the program.
The complete DPTT evaluation, with attachments, is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 14 Apr 13, for review and comment within 30 days
(Exhibit C). As of this date, this office has received no
response.
_________________________________________________________________
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 applicants 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 that 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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
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-2013-01127 in Executive Session on 23 Dec 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Feb 13, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 10 Apr 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 14 Apr 13.
Panel Chair
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