RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04372 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His record be corrected to reflect that he declined coverage under the Reserve Component Survivor Benefit Plan (RCSBP). APPLICANT CONTENDS THAT: There was an error made by the finance person processing their paperwork. He and his spouse made it very clear that they wish to not participate in the RCSBP; however, somehow they ended up having a form to sign indicating that they wanted to participate. He realized the error on his first retirement check and called Defense Finance and Accounting Service (DFAS) immediately. He was told that it was “impossible” to opt out of the SBP before 25 months. The applicant’s complete submission is at Exhibit A. STATEMENT OF FACTS: According to an Air Reserve Personnel Center (ARPC) letter, dated 29 Aug 09, the applicant was notified that he had completed the required years of service for entitlement to Reserve retired pay and eligible to participate in the RCSBP. On 31 Aug 12, the applicant was relieved from active duty and retired from the Air Force. He was credited with 20 years and 27 days of active duty service. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating the applicant had 90 days prescribed by law to make his RCSBP election and failed to do so. According to Title 10, U.S.C. Subsection 1448 (a) the applicant may "elect to discontinue participation in the Plan at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences." At that time the applicant can choose to decline SBP coverage, however, the applicant will still be responsible for the RCSBP portion of the coverage. On 17 Nov 09, the applicant was notified regarding his eligibility to participate in the RCSBP via certified mail. He had 90 calendar days from the date of notification to make an RCSBP election by returning an ARPC Form 123, RCSBP Election Certificate. The records show that he did not make an election within the required time period prescribed by Title 10 U.S.C. Subsection 1448 and was automatically enrolled under Option C, “Immediate Annuity for spouse and child,” dated 18 Feb l0. The applicant was married with dependent children during this time. On 25 Jan 12, the applicant submitted a DD Form 2656, Data for Payment of Retired Personnel, in which he elected to participate in the SBP. He made the designation in Section IX, Item 26, “I elect coverage for spouse and child(ren).” In addition, he elected his level of coverage as “I elect coverage based on full gross pay.” The complete DPTT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 10 Jan 14 for review and comment within 30 days (Exhibit D). 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 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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2013-04372 in Executive Session on 22 Nov 2014 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Sep 13. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, ARPC/DPTT, dated 30 Dec 13, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 10 Jan 14.