RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02262 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His Reserve Component Survivor Benefit Plan (RCSBP) be changed from Option C to Option B. ___________________________________________________________________ APPLICANT CONTENDS THAT: He did not fully understand the implications of electing Option C in his RCSBP; it would affect his retirement annuity at the age of 60. He did not realize that he was locked into his decision of Option C once he reached age 60. He and his spouse did not foresee a loss of civilian employment and retirement plans. The applicant does not provide any supporting documentation. His complete submission is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Air Force Reserve and was progressively promoted to the grade of chief master sergeant, having assumed that grade effective and with a date of rank of 1 Apr 08. He retired after having served 33 years of satisfactory service. ___________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP states the applicant was notified of his eligibility to participate in the RCSBP via a certified letter dated 18 Jul 97; however, their records show the applicant did not make an election at that time; therefore, he was automatically enrolled in option A, “Deferred to make an election until age 60.” During an open-enrollment period from 1 Mar 99 through 29 Feb 00, the applicant requested information on the RCSBP. DPP records reflect the applicant elected Option C, “Immediate annuity for spouse and children effective 9 Jul 99.” By law, the RCSBP portion of his election is irrevocable. The RCSBP package that was sent to the applicant clearly explained that if the election for was not received or postmarked within 90 calendar days of the receipt of the package, then the member will be considered to have made an election. The applicant became eligible for RCSBP in 1997; however, he did not submit his application for RCSBP until 9 Jul 99. He may discontinue the RCSBP portion of the program on the second anniversary of receiving retired pay, as required by Title 10. However, discontinuing the RCSBP program does not stop the Reserve Component portion of the plan. The Reserve portion is for coverage before age 60. The DPSOE complete evaluation, with attachments, is at Exhibit B. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 Aug 10 for review and comment within 30 days. As of this date, this office has received no response. ___________________________________________________________________ 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 error or injustice. We took notice of the applicant's 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 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 basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2010-02262 in Executive Session on 9 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Jul 10. Exhibit B. Letter, ARPC/DPP, dated 30 Jul 10. Exhibit C. Letter, SAF/MRBR, dated 6 Aug 10.