RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01838
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her Reserve Component Survivor Benefit Plan (RCSBP) election be
corrected to reflect Option A, I decline to make an election
until age 60.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was not notified, in accordance with DoDI 1332.42, Survivor
Annuity Program Administration, of her option to elect out of
participating in the RCSBP. She was also not aware that she had
been automatically enrolled in Option C, Immediate Annuity in
February 2005. She has verified there is no record of a
certified notification being sent to her or her husband and has
been advised to petition the Board for correction.
In support of her request, the applicant provides an excerpt of
DoDI 1332.42 and DD Form 2656-5, Reserve Component Survivor
Benefit Plan Election Certificate.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a member of the Air National Guard serving in
the grade of colonel/O-6.
The other relevant facts pertaining to this application,
extracted from the applicants master personnel records, are
described in the letter prepared by the Air Force office of
responsibility which is at Exhibit B.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPTT recommends approval. On 30 July 2004, the applicant
became eligible for retired pay at age 60. When a member
becomes eligible for retirement pay at age 60, a copy of the
Notification of Eligibility for Retired Pay at Age 60 and an
RCSBP information package is mailed to the member by certified
mail.
In accordance with Title 10 United States Code Subsection 1448
(a)(2)(B), members are given 90 days to make their RCSBP
election. If the member does not respond within 90 days, an
automatic election is updated for the member based on the
eligible dependents the member has updated in the Military
Personnel Data System.
There is no certified mail card receipt in the applicants file
indicating she was delivered an RCSBP information package.
However, an automatic election was made for her on 9 February
2005.
Based on the information provided, there is no record the
applicant was notified via certified mail regarding her RCSBP
options; therefore, she should be given the opportunity to make
an RCSBP election.
The complete ARPC/DPTT evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant has not changed her position and concurs with the
Air Force advisory.
The applicants complete response is at 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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. After a
thorough review of the evidence of record and the applicants
complete submission, we find she was not provided the
information necessary in order to make an informed decision
regarding her RCSBP options. As such, we recommend her records
be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMNEDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on
9 February 2005, she declined to make an election until age 60,
under the Reserve Component Survivor Benefit Plan.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-01838 in Executive Session on 5 February 2014,
under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Apr 13, w/atchs.
Exhibit B. Letter, ARPC/DPTT, dated 8 May 13.
Exhibit C. Letter, SAF/MRBR, dated 19 May 13.
Exhibit D. Letter, Applicants Response, dated 9 Jun 13.
AF | BCMR | CY2013 | BC 2013 04887
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04887 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her late spouses record be changed to show he elected spouse coverage under the Reserve Component Survivor Benefit Plan (RCSBP). On 22 February 2000, APPLICANT, submitted a timely and effective claim for a survivor benefit annuity. Exhibit C. Letter, SAF/MRBR, dated 2 May 2014.
AF | BCMR | CY2013 | BC 2013 03477
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03477 MEMBER: (DECEASED) COUNSEL: NONE APPLICANT: HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her late husbands record be corrected to show that his Reserve Component Survivor Benefit Plan (RCSBP) election was option C immediate annuity for spouse and child(ren), rather that option A, decline to make an...
AF | BCMR | CY2012 | BC-2012-02001
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. Further, although the law currently provides automatic coverage for a spouse if the member fails to provide coverage or the spouse does not agree with the decision, no such provisions existed at the time of the member’s eligibility to enroll in the program. ...
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 | CY2013 | BC 2012 05676
The complete DPTT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ 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. ...
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 | CY2011 | BC-2011-02904
___________________________________________________________ APPLICANT CONTENDS THAT: The Survivor Benefit Plan Election Certificate was sent during the time they were being transferred to Red River Army Depot, Texas. ___________________________________________________________ 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...
AF | BCMR | CY2013 | BC-2013-00961
She made several inquiries in regards to the decedents elected survivor benefits, only to be told each time that she was not eligible due to his type of retirement. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial, indicating the decedent was...
AF | BCMR | CY2013 | BC 2013 02769
IAW U.S.C., Title 10, Subsection 1448(a)(2)(B), A person who is eligible to participate in the plan and who is married or has a dependent child when he is notified that he has completed the years of service required for eligibility for reserve-component retired pay, and elects to participate in the plan by designation before the end of the 90-day period beginning on the date he receives such notification. DPTTs system confirms the applicant reported her husbands death to ARPC on 28 March...
AF | BCMR | CY2013 | BC 2012 05247
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. The remaining relevant facts pertaining to this application are contained in the letter...