RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05162 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect she declined coverage under the Reserve Component Survivor Benefit Plan (RCSBP). ________________________________________________________________ APPLICANT CONTENDS THAT: She did not receive the registered letter informing her of her eligibility to elect RCSBP. Her signature is not on the receipt for the registered letter. She was not informed that she needed to reply in writing to decline coverage. Both her and her spouse agreed to decline RCSBP. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Air Force Reserve member who retired on 14 Jan 13. Service members who are eligible to participate in RCSBP have three options in electing coverage for their dependents: a. Option A (Decline to make an election until age 60) – the service member declines to make an election at the time of eligibility; however, the service member is provided an opportunity to participate in SBP at age 60. b. Option B (Deferred Annuity) the service member elects RCSBP coverage to begin at age 60. c. Option C (Immediate Annuity) the service member elects for coverage to begin immediately. Additionally, married service members who do not make an election within 90 days will be automatically enrolled in Option C. Unmarried service members who do not make an election within 90 days will be automatically enrolled in Option A. The remaining 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 C. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or an injustice. A certified package notifying the applicant of her eligibility to participate in RCSBP was sent to her home address. The applicant’s spouse signed for the package on 27 Apr 06. Under RCSBP, service members have 90 days from the date of notification of eligibility to make their election. The applicant failed to respond within 90 days and was automatically enrolled in Option C (Immediate Annuity) in accordance with the provisions of the governing statute on 15 Jul 06. A complete copy of the ARPC/DPTT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Her spouse signed for the notification letter for RCSBP because she was serving her annual tour in Germany. Her spouse concurs with her decision to decline RCSBP. 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 was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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 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 the applicant has not been the victim of an error or injustice. While the applicant alleges that her husband signed for the RCSBP information package because she was deployed for annual training, other than her own assertions, she has not any evidence showing she was somehow precluded from being able to submit a timely election for RCSBP due to her being on her annual tour. 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 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-2012-05162 in Executive Session on 7 Nov 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Oct 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 12 Dec 12. Exhibit D. Letter, SAF/MRBR, dated 17 Jul 13. Exhibit E. Letter, Applicant, dated 29 Jul 13. Panel Chair