RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-04003
		INDEX CODE:  137.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to terminate his child-only coverage under the Reserve Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

His children are no longer eligible by age to receive benefits in the event of his death.

In support of his request, the applicant provided a personal statement, a copy of his DD Form 2656, Data for Payment of Retired Personnel, and a Retiree Account Statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant elected RCSBP - Option C, Immediate Annuity for children coverage based on full-retired pay on 15 December 1994.

He remarried in 2001, and did not request his spouse be added to his RCSBP election.

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AIR FORCE EVALUATION:

ARPC/DPP recommends denial.  DPP states when the applicant completed the DD Form 2656 to apply for his retired pay on 5 May 2007, he marked the block in Section IX indicating that he wished not to participate in SBP.  Since he already had a valid RCSBP election in place (15 December 1994), he could not make an election at age 60 to decline the coverage.  The additional instructions for the DD Form 2656, cited by applicant, are under the heading "Reserve and Air National Guard Members Retiring with 20 Years of Active Duty Service."  The applicant did not have 20 years of active duty service under the provision of Title 10, U.S.C., Section 8914; therefore, these instructions do not apply to him.

The DD Form 2656 instructions do state that if a member elected Immediate RCSBP coverage, (Option C), and the selected beneficiary is no longer eligible, they need to annotate the remarks section and send supporting documentation.  In the case of children only coverage, there would be no SBP cost associated with the election if the children had aged-out, but at age 60 the member's monthly retired pay is reduced to account for the RCSBP coverage from the date of election since no premiums are paid until the member begins drawing retired pay.  The applicant began drawing Reserve retired pay on 12 July 2007, his 60th birthday.  The applicant is currently paying $11.25 per month to cover the RCSBP cost.

The applicant was provided information regarding the RCSBP prior to his election.  Members who elect RCSBP coverage receive annuity protection as soon as they elect such coverage.  During the period of RCSBP coverage, the member paid no premiums.  If the applicant had died before his children aged out, they would have collected an annuity.  The reduction for children only coverage in retired pay is calculated so that the premiums for the RCSBP coverage are paid over the course of the member's lifetime as actuarially determined under the authority of Title 10, U.S.C., Section 1452(b)(3).  The premiums will continue until the applicant has paid for a total of 360 months.

The complete DPP evaluation, with attachments, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 January 2008, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit C).  As of this date, this office has received no response.

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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.  The applicant’s contentions are duly noted; however, we agree with the opinion and recommendation of the office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an 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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-04003 in Executive Session on 24 July 2008, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 November 2007, w/atchs.
    Exhibit B.  Letter, ARPC/DPP, dated 17 January 2008, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 25 January 2008.