RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01154
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her daughter be removed from her Reserve Component Survivor
Benefit Plan (RCSBP) since she is no longer a dependent child.
APPLICANT CONTENDS THAT:
When she elected the RCSBP in 2000, she was informed she would
only have to pay a premium for two years while her daughter was
still under the age of 18. The applicant contends the dependent
child should drop from SBP when they are no longer dependents,
similar to Servicemember Group Life Insurance.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 6 Nov 79, the applicant initially entered the Air National
Guard (ANG).
On 28 Dec 97, the applicant transferred from the ANG to the Air
Force Reserve.
On 26 Feb 00, the applicant was notified of her eligibility for
retired pay at age 60 via an audit of her retirement points.
On 2 May 00, the applicant elected RCSBP, immediate annuity,
Option C, for child only, on the ARPC Form 132, Reserve Component
Survivor Benefit Plan Election Certificate. The applicant listed
her daughter as the only dependent child (under the age of 22).
At this time, the applicants daughter was 14 years of age.
0n 6 Feb 04, the applicant was relieved from her current
assignment and placed on the USAF Reserve Retired List.
On 7 Aug 12, the applicant retired and was credited with 24 years
of active service upon attainment of age 60.
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:
DFAS-JBJE/CL recommends denial indicating there is no evidence of
an error or an injustice.
Although the applicants daughter was over the age of 22, and no
longer an eligible beneficiary for RCSBP when the applicant turned
60 years old, she is still required to pay RCSPB tack-on premiums.
The applicant elected RCSBP coverage during the period between; 1)
being notified of eligibility to receive retire pay at age 60, and
2) reaching age 60. During this period, the member pays no
premiums for RCSBP coverage. However, at age 60, monthly retired
pay is reduced to account for the RCSBP coverage received, but for
which no premiums have been paid. The reduction in retired pay is
calculated so that so that the premiums for RCSBP coverage are
paid over the course of the member's lifetime as actuarially
determined the authority of Section 1452(a)(l)(B), Title 10,
United States Code.
According to law, the applicant must continue to pay the tack-on
cost for child RCSBP coverage until she has paid at least 360
months toward the coverage and is at least 70 years old.
A complete copy of the DFAS-JBJE/CL evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Jul 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 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 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-2014-01154 in Executive Session on 6 May 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS/JBJE/CL, dated 2 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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