RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03865
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His records be corrected to reflect he declined Survivor Benefit
Plan (SBP) coverage.
APPLICANT CONTENDS THAT:
On 30 May 14, he signed a DD Form 2656, Survivor Benefit Plan
Election Change Certificate, declining the Reserve Component
Survivor Benefit Plan (RCSBP). He requests the monthly premium
amount of $290.56 be awarded back in his monthly retirement pay.
He was not aware the ARPC Form 123, Reserve Component Survivor
Benefit Plan Election Certificate, he signed on 14 Sep
94 requesting RCSBP spouse coverage would be used for retirement
since he was not yet retired. Additionally, the ARPC Form
123 covered only his spouse and not his children.
ARPC instructed him to complete a new DD Form 2656. His
understanding was that if he did not want RCSBP he could annotate
it on the DD Form 2656 with his wifes notarized signature.
He retired from the Civil Service Retirement System (CSRS) and
elected SBP for that retirement. His wife is also retired from
the Air Force Reserve and they do not need RCSBP. His family will
be well taken care of in the event of his death as they will have
CSRS SBP, Thrift Savings Plan and over $200,000 in life insurance
policies.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant was retired on 25 Aug 14 (60th birthday) in the
grade of Chief Master Sergeant (CMSgt, E-9).
His ARPC Form 123, dated 14 Sep 94, submitted upon completion of
required service for retirement pay reflects he requested Option
C, Immediate Annuity, spouse only coverage.
AIR FORCE EVALUATION:
DFAS/CL states they are unable to remove his RCSBP coverage In
Accordance With (IAW) 10 U.S.C. § 1448(a). According to his DD
Form 2656 dated 30 May 14, he chose to not participate in SBP and
his spouse concurred.
As background, Reserve component members who have completed the
years of service required for eligibility for Reserve component
retired pay may elect to not participate in the plan before the
end of the 90 day period beginning on the date on which they
receive that notification. IAW 10 U.S.C. § 1448(a)(2)(B),
application of the plan, members may elect: Option A, defer
survivor annuity election or declines coverage until retirement
age, there is no coverage for the years between becoming eligible
for retirement and reaching retirement (60th birthday); Option B,
elect to provide a deferred survivor annuity that begins on the
date of the members 60th birthday, or on the day after the
members death, whichever is later; or Option C, elects to provide
an immediate survivor annuity beginning on the day after the
members death, whether before or after reaching retirement age.
On 14 Sep 94, he elected RCSBP Option C for his spouse. He
indicated on the election form, ARPC Form 123, that he did not
have dependent children. Upon acquiring a child, he had one-year
to contact ARPC to add child coverage to his spouse coverage for
RCSBP. His RCSBP election is irrevocable and he is not permitted
to make an election/declination for SBP upon retirement. IAW 10
U.S.C. § 1448(a), a participant in SBP or RCSBP may elect to
discontinue participating during the 25th and 36th month after
commencement of payment of retired pay. A member who voluntarily
discontinues RCSBP participation upon the second anniversary of
the date of commencement of retired pay is still charged the RCSBP
premium for all months, up to 360 months, even though the member
elected to discontinue coverage.
A complete copy of the DFAS-CL evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Nov 14 for review and comment within 30 days (Exhibit C).
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 note the
applicant did not request his RCSBP election for spouse coverage
be terminated within 90 days of notification of eligibility for
Reserve component retired pay IAW 10 U.S.C. § 1448(a). Regardless
of such a state of the law it does not prevent us from providing
meaningful relief based on the preponderance of evidence showing
an error or injustice. However, after thoroughly reviewing the
evidence of record, and noting the applicants contentions, we
find no evidence of an error or injustice. Therefore, we conclude
the applicant has failed to sustain his burden of proof that he
has been the victim of an error or injustice. 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-2014-03865 in Executive Session on 12 Jun 15 under the
provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence in AFBCMR Docket Number BC-
2014-03865 was considered:
Exhibit A. DD Form 149, dated 17 Sep 14, w/atchs.
Exhibit B. Memorandum, DFAS-JFBE/CL, dated 6 Nov 14.
Exhibit C. Letter, SAF/MRBR, dated 28 Nov 14.
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