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. His records be corrected to reflect he opted out of the Reserve Component Survivor Benefit Plan (RCSBP).
2. He be reimbursed for all charges he incurred as payments for the RCSBP.
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). This form is not in his military records because ARPC failed to scan the document into the archives. Additionally, on 22 Feb 14, in accordance with his retirement procedures, he submitted DD Form 2656, Survivor Benefit Plan Election Change Certificate, electing out of the RCSBP.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 5 Mar 07, as a result of not making an election within the required time period prescribed by 10 USC, Subsection 1448 (a) (2) (B), the applicant was automatically enrolled for RCSBP option C, Immediate Annuity for Child (ren) Only,.
On 6 Aug 13, the applicant signed DD Form 2656, Data for Payment of Retired Personnel, declining participation in Survivor Benefit Plan (SBP).
On 23 Feb 14, the applicant was retired from the Air Force Reserve, and was credited with 27 years, 2 months, and 27 days of active service.
In accordance with Title 10 USC, subsection 1448 (a) (2) (B), Reserve-component annuity participants; a person who would be eligible for reserve-component retired pay but for the fact that they are under 60 years of age shall be a participant in the plan if married or has a dependent child when he becomes entitled to retired pay, unless the person elects (with spouse concurrence if married) not to participate in the plan before the end of the 90-day period beginning on the date on which he receives that notification.
In accordance with Title 10 USC, subsection 1448 (a) (4) (B), Irrevocability of elections, Reserve-component annuity participants; an election under paragraph (2) (B) is irrevocable if not revoked before the end of the 90-day period referred to in that paragraph.
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. Their records reflect that on 6 Dec 06 the applicant was notified regarding his eligibility to participate in the RCSBP via certified mail. The applicant did not make an election within the required time period prescribed by Title 10 USC, subsection 1448(a)(2)(B), and therefore, was automatically enrolled under Option C, Immediate annuity for child(ren) only on 5 Mar 07. The member was unmarried with dependent children at the time the election was made.
A complete copy of the ARPC/DPTT evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant refutes the point made by the OPR that he received the notification letter on 6 Dec 06, and failed to return the ARPC Form 123, opting out of the RCSBP within the required 90-day time period prescribed by Title 10 USC, subsection 1448 (a)(2)(B). He argues that he received HQ/DPPEs 20-year notification letter on 16 Dec 06, not 6 Dec 06 as stated by the OPR, and returned the ARPC Form 123, opting out of the RCSBP via certified mail on 7 Mar 07; within the 90-days of receiving notification. In support of his rebuttal, he included copies of the delivery/receipt of the 20-year notification letter, and the delivery/receipt of the returned ARPC Form 123 to ARPC (Exhibit E).
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, to include his response to the Air Force Evaluation; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. We believe that there is an absence of relevant evidence substantiating the applicants contention that he responded within the required time period prescribed by Title 10 USC, subsection 1448(a)(2)(B), as portions of the evidence submitted were indecipherable. 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-2014-01698 in Executive Session on 12 Jun 15, under the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket Number BC-2014-01698 was considered:
Exhibit A. DD Form 149, dated 18 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, ARPC/DPTT, dated 21 May 14.
Exhibit D. Letter, SAF/MRBR, dated 4 Aug 14.
Exhibit E. Letter, Applicant, dated 11 Aug 14, w/atchs.
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