RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	 DOCKET NUMBER:  BC-2013-03564

			 COUNSEL:  NONE

   	 		 HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to show that he declined the Reserve 
Component Survivor Benefit Plan (RCSBP).

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APPLICANT CONTENDS THAT:

He did not elect RCSBP coverage. 

In support of his request, the applicant provides a letter from 
the Defense Finance and Accounting Service (DFAS) dated 26 Jun 
13, stating they could not process his SBP request because the 
DD Form 2656 they received did not indicate a declination of 
coverage, therefore he was put in Automatic Coverage for SBP.  
Attached to this letter was a DD Form 149.

The applicant’s complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

On 30 Sep 12, the applicant was retired from the Air Force 
Reserve.    

According to Title 10, U.S.C., Subsection 1448(a)(2)(B), members 
are given 90 calendar days to concur or non-concur with the 
automatic RCSBP election.  If the member does not respond within 
90 days an automatic election is updated for the member based on 
the number of eligible dependents.  

On 26 Jun 13, DFAS automatically elected coverage of the RCSBP.

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AIR FORCE EVALUATION:

ARPC/DPTT recommends approval.  The applicant was not notified 
of his RCSBP eligibility and was never given the opportunity to 
make an election.  When the applicant turned age 60 he filled 
out his DD Form 2656, Data for Payment of Retired Personnel, 
leaving the SBP election area empty; therefore, making no 
election.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 Oct 13, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days (Exhibit 
B).  As of this date, this office has not received a 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.  Although 
DPTT recommends approval, per 10 U.S.C. § 1448, a person who is 
eligible to provide a SBP annuity may not do so without the 
concurrence of the spouse.  Therefore without a notarized 
statement of the applicant’s spouse concurring with his decision 
to decline RCSBP, favorable consideration of this request is not 
appropriate.  However, should the applicant provide such 
evidence, we would be willing to reconsider his request.  
Accordingly, we find no basis to recommend granting the relief 
sought in this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
that 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-2013-03564 in Executive Session on 29 May and 16 Sep 
14, under the provisions of AFI 36-2603:

    

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-03564 was considered: 

    Exhibit A.  DD Form 149, dated 24 Jul 13, w/atch.
    Exhibit B.  Letter, ARPC/DPTT, dated 18 Sep 13, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 15 Oct 13.