RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00697 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be changed to allow him to withdraw his participation in the Reserve Component Survivor Benefit Plan (RCSBP). _________________________________________________________________ APPLICANT CONTENDS THAT: He did not understand the program when he originally elected RCSBP in December 1999. Prior to his 4 September 2010 retirement, he elected not participate in RCSBP and his spouse concurred with the election. In support of his request, the applicant provides a copy of his DD Form 2656, Data for Payment of Retired Personnel, and DD Form 2656-3, Survivor Benefit Plan (SBP) and Reserve Component Survivor Benefit Plan (RCSBP) Open Enrollment Election. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _______________________________________________________________ AIR FORCE EVALUATION: ARPC/DPP recommends denial. DPP notes on 29 April 1993, the applicant was notified of his eligibility to participate in RCSBP. On 10 July 1993, he elected Option C, Immediate Annuity for spouse only. He was divorced and remarried in 1999. The applicant, during an open enrollment period, requested information on the open enrollment program and subsequently elected Option C, Immediate Annuity for spouse only, effective 21 December 1999. In 2010, the applicant was notified that he was eligible to apply for Reserve Retired Pay on his 60th birthday. The notification included information regarding his RCSBP election of Option C. The applicant completed his retired pay application, verified his election, and elected not to participate in the RCSBP. However, even though the applicant declined RCSBP once he became eligible for retired pay at age 60, such a declination did not affect the Reserve Component portion of RCSBP, the coverage he held prior to attaining the age of 60. The premiums for that coverage are calculated to be paid over the course of the service member’s lifetime as actuarially determined under the provisions of 10 USC 1452(a)(1)(B) and paid from his retired pay. Ultimately, the applicant twice elected to participate in the program and was provided correspondence prior to his elections, which specified avenues he could have pursued if he had questions. Having twice made the election to participate indicates he had the appropriate knowledge of the program to make his decisions. The complete ARPC/DPP 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 8 April 2011, for review and comment within 30 days. 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 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 the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion 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 the evidence presented did not demonstrate the existence of a 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-2011-00697 in Executive Session on 6 December 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 February 2011, w/atchs. Exhibit B. Letter, ARPC/DPP, dated 21 March 2011, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 8 April 2011. Panel Chair