RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05024 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His records be corrected to reflect he declined to participate in the Reserve Component Survivor Benefit Plan (RCSBP) coverage. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He did not fully understand the plan when it was introduced to him and still does not completely understand it. He never received a follow-up to verify he was aware of how the plan works. He did not realize the plan was so costly and, had he known, he would not have signed-up for it then nor would he have signed-up for it today. The applicant's complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 1 Oct 01, ARPC/DPPRB notified the applicant via certified mail of his eligibility to participate in the RCSPB. On 15 Dec 01, the applicant submitted the ARPC Form 123, Reserve Component Survivor Benefit Plan Certificate reflecting his election of Option C, ”Immediate Annuity” for Natural Person with Insurable Interest. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPTT recommends denial, indicating the applicant clearly elected to participate in RCSBP. The applicant contends he was never counseled by a subject matter expert and did not understand the RCSBP selection that he made. He claimed he was not properly advised about his RCSBP option until after the event; however, the information packet that was sent to him provided contact information for any questions or concerns within 90 calendar days from the date of receipt. There is no record of the applicant making contact during this time period. On 4 Oct 12, the applicant submitted a DD Form 2656-6, Survivor Benefit Plan Election Change Certificate to suspend his insurable interest election; however, because he terminated coverage prior to age 60, he is still responsible for the premiums at a prorated rate for the lifetime of the member. Discontinuing the RCSBP does not stop the Reserve Component portion of the plan. The Reserve portion is for coverage prior to reaching age 60. A complete copy of the AFPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates that he did not fully understand the program when he made his election and he still does not fully understand it. He asserts that in 2001, the office of primary responsibility could not answer his question of how much money he would be paying monthly because they had no idea how many total retirement points he would accumulate or how many years he would serve before retiring. It wasn’t until a few days before he submitted his DD Form 149 that he was advised of the actual amount of money that he would be paying monthly for the program. He asserts that this program should not have been offered to him until he reached the age of 60. There is no way he would have signed up to pay over $350 monthly, had he been clear on what he was signing. Additionally, the applicant questions the validity of the letter from HQ ARPC/DPSSE addressing the 90 day suspense to contact them with questions because the letter is not officially dated. The letter contains a handwritten date scribbled in the top right corner. He also questions the relevance of the RCSBP information packet provided that is dated January 2002 being that he made his election on 15 Dec 01. A complete copy of the Applicant’s response is at Exhibit E. ________________________________________________________________ _ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission, including his rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant contends he was not informed about the costs and tenets of the RCSBP program and that he did not understand he would eventually be liable for premiums for the period of coverage prior to his 60th birthday, other than his own assertions, he has presented no evidence that he was somehow miscounseled or treated differently than those similarly situated. 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 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. ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2012-05024 in Executive Session on 20 Aug 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 20 Dec 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13. Exhibit E. Letter, Applicant, dated 8 Feb 13. Panel Chair 2 3