RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04990 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be allowed to terminate spouse only coverage under the Reserve Component Survivor Benefit Plan (RCSBP). APPLICANT CONTENDS THAT: She was in still in the Air Force and was not transferred to the Retired Reserve list until 17 August 2012. However, on 21 July 2009, she received her 20-year letter that indicated she was eligible for SBP. The letter did not include any additional paperwork indicating that an election would be made for her should she not make one. On 27 Jun 2014, shortly before her 60th birthday, she notified the Air Reserve Personnel Center (ARPC) that she had not received her retirement paperwork. ARPC subsequently sent her a DD Form 2656, Data for Payment of Retired Personnel. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to ARPC/DPPR memorandum dated 25 June 2009, the applicant was notified that she completed the required service to retire under the provisions of Title 10, United States Code (USC), § 12731. The letter also served as notification that she was eligible to participate in the RCSBP. According to Reserve Order EK-3229 dated 19 March 2012, the applicant was transferred to the Retired Reserve List effective 17 August 2012. She was eligible for Reserve retired pay at age 60 under the provisions of Title 10, United States Code, § 12731. According to Reserve Order EL-4566 dated 6 August 2014, the applicant retired effective 6 September 2014. AIR FORCE EVALUATION: ARPC/DPTT recommends denial indicating there is no evidence of an error or injustice. On 21 July 2009, the applicant was notified via certified mail regarding her eligibility to participate in the RCSBP. She had 90 calendar days from the date of notification to make a RCSBP election by returning ARPC Form 123, RCSBP Election Certificate. The applicant did not make the election within the required time period. Therefore, on 22 October 2009, she was automatically enrolled under Option C, “Immediate Annuity for Spouse Only.” The applicant was married at the time the automatic election was updated. According to Title 10 United States Code, Subsection 1448 (a) a participant in the plan 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 member can choose to decline SBP coverage, however, she will still be responsible for the RCSBP portion of the coverage. A complete copy of the DPTT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: She again reiterates that she did receive the 20-year letter on 21 July 2009; however, the letter did not include any other paperwork. It would have been helpful if ARPC would have provided definitive information relating to SBP at the time the 20-year letter was sent - especially since she did not retire for an additional three years. The applicant’s complete response, with attachments, 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. While the applicant asserts that she did not receive definitive information regarding SBP, she has not provided substantial evidence which, in our opinion, successfully refutes the assessment of her case by the Air Force office of primary responsibility (OPR). Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of proof of either an error or an 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2014-04990 in Executive Session on 18 August 2015, under the provisions of AFI 36-2603: , Vice Chair , Member , Member Due to the unavailability of ----------------, -------------- will sign as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 December 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Memorandum, ARPC/DPTT, dated 10 February 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 25 April 2014. Exhibit E. Letter, Applicant, undated, w/atchs. 1 2