RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03359
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her ARPC IMT 123, Reserve Component Survivor Benefit Plan (RCSBP) Election Certificate, be deleted from her file, cancelling her RCSBP.
APPLICANT CONTENDS THAT:
She signed the document in error, believing it was the same as the Survivor Benefit Plan (SBP). She was never counseled on the Reserve Component SBP (RCSBP) form and what it was for, and she filled it out incorrectly listing her children, who were not eligible. She did not notice her error until her first retirement pay statement arrived.
The applicants complete submission, with attachment, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Air National Guard (ANG) on 25 Apr 85.
ON 27 Aug 06, the applicant completed and signed an ARPC IMT 123, electing RCSBP coverage, Option C (immediate annuity) based upon full retired pay for her spouse and children.
On 30 May 14, the applicant was furnished an honorable discharge, and was credited with 29 years, 1 month, and 7 days of Reserve service.
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-RPB-JFBE/CL recommends denial indicating there is no evidence of an error or an injustice warranting the requested relief. At the time the applicant was placed on the retired list, her requested RCSBP coverage was entered into her account and premiums were deducted. Although she entered her childrens name on the ARPC IMT 123, premiums were only deducted for her spouse and not her children because her children were not eligible. The portion of her RCSBP pertaining to her children is being administratively corrected to remove the children from the election. If the applicants intent is to totally terminate RCSBP coverage, to include removing the coverage for her spouse, she will need to submit proof of spousal concurrence.
A complete copy of the DFAS-RPB-JFBE/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 14 Nov 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 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; however, we agree with the opinion and recommendation of DFAS-RPB-JFBE/CL 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-2014-03359 in Executive Session on 14 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 14 Aug 14, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, DFAS-RPB-JFBE/CL, dated 26 Sep 14.
Exhibit D. Letter, SAF/MRBR, dated 14 Nov 14.
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